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ire 


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by  errata 
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ent 

jne  pelure, 

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32X 


I- 


; 


MEMOIR 


Olf    THE 


PRESENT  STATE  OE  LOUISIANA: 


m 


i|i 


CHEVALIER  DE  CHAMPIGNY, 


TRANSLATED  FROM  THE  FRENCH. 


I  « 


:    ! 


PREFACE. 


Louis  XV.  had  just,  by  the  treaty  of  Versailles,  restored  to  France  the  repose 
and  traiuiiiiliity  which  had  become  an  urgent  necessity  .  Themultiiilied  and  bril- 
liant victories  of  the  English  had  totally  changed  tne  face  of  America.  Canada 
had  fallen  a  prey  to  the  conqueror,  Florida  had  been  ceded  to  him  in  exchange 
for  Havana,  and  the  limits  of  French  Louisiana  had  been  rolled  back  to  the  right 
bank  of  the  mighty  Mis.sissippi  ;  the  whole  left  bank,  except  the  isle  of  Ncw- 
Orloans,  formed  by  the  Mississippi,  and  Iberville  or  Manchac  River,  having  been 
surrendered  to  the  English.  They  thus  became  the  possessors  of  the  immense 
tract  of  country  which,  runnnig  from  cast  to  west,  lies  between  the  Mississippi 
throughout  its  course,  and  the  ocean  which  bathes  the  coasts  of  Florida,  Ncw- 
En<rland  and  Canada.  Hudson's  bay  bounded  these  possessions  on  the  north, 
and  the  gulf  of  Mexico  in  part  on  the  south. 

What  remained  to  France  of  her  vast  province  of  Louisiana,  comprised  a  strip 
eighty  leagues  from  east  to  west,  from  the  mouth  of  the  Mississippi  to  Mexico. 
The  Del  Norte  (Uio  Grande)  on  the  west  and  the  Mississippi  on  the  east  bounded 
these  possessions,  which  extended  from  29°  N.  to  50"  N.,  and  even  beyond. 

At  the  moment  of  the  cession  of  a  part  of  Louisiana  to  J]ngland,  we  shall  see 
flashing  in  its  French  inhabitants  a  spark  of  that  fire  of  loyalty  that  bound  them 
to  their  king.  We  shall  see  this  spark,  secretly  kindled,  burst  forth  in  all  its 
violence  at  the  moment  when  Spain  undertook  to  enter  into  possession  of  a  pro- 
vince which  Franco,  (through  private  arrangements,  incident  however  to  the 
treaty,)  had  ceded  to  that  country  to  indemnify  her  for  the  expenses  of  the  war. 
It  will,  however,  I  believe,  be  better  to  give  first  a  short  sketch  of  what  part  of 
Louisiana  had  been,  from  its  discovery  to  the  treaty  of  peace  in  1763  ;  then,  con- 
sider it  from  the  dismemberment,  to  which  it  was  then  subjected,  till  the  arrival 
of  the  Si)aniards,  and  finally  from  their  arrival  to  the  present  time. 

These  throe  epochs  will  form  the  three  ages  of  the  colony  ;  they  will  divide, 
accordingly,  this  memoir  into  as  many  parts.  The  last  will  be  subdivided  into 
two  sections  :  the  first  will  comprise  the  period  between  the  arrival  and  depar- 
ture of  Don  Antonio  de  UUoa;  and  the  second,  the  subsequent  period  down  to 
the  present. 


ice  the  repose 
Iilied  and  bril- 
rica.  Canada 
in  in  exchange 
ck  to  the  right 
'  isle  of  Ncw- 
r,  having  been 
f  the  immense 
he  Mississippi 
Florida,  New- 
s  on  the  north, 

mprised  a  strip 
ppi  to  Mexico. 
0  east  bounded 
ren  beyond, 
d,  we  shall  see 
lat  bound  them 
forth  in  all  its 
ession  of  a  pro- 
owevcr  to  the 
iscs  of  the  war. 
of  what  part  of 
763  ;  then,  con- 
,  till  the  arrival 
c. 

hey  will  divide, 
subdivided  into 
•ival  and  depar- 
period  down  to 


MEMOIR 


PRESENT   STATE   OF  LOUISIANA: 


BT 


CHEVALIER    DE    CHAMPIGNY. 


FIRST    PART. 


FRANCE  will  not  long  forget  the  famous  projector,  Law,* 
who  was  the  first  to  give  any  impulse  to  the  colony  of 
Louisiana.  After  the  attempt  at  discovery  by  M.  dc  la  Salle  f 
Iberville,  a  Canadian  gentleman,:}:  laid  the  foundations  of  an 
establishment  in  1699  and  1701  at  Mobile  and  Biloxi,  and 
went  around  the  isle  of  New-Orleans  to  reconnoitre  the  famous 
river  Mississippi,  the  principal  object  of  his  voyage. 

As  long  as  that  great  man  lived,  he  protected  this  rising 
colony,  composed  then  of  some  Canadian  families  who  had 
come  after  him.  After  his  death,  in  1700,  the  court  neglected 
Louisiana ;  the  wretched  state  of  the  kingdom  excluded  every 

*  John  Law  was  the  comptrollnr-gcncral  of  the  finances  of  France,  and  projector 
of  the  famous  "  Western  Company."  See  the  charter  of,  in  tho  third  volume  of 
the  Historical  Collections  of  Louisiana. 

tFor  a  full  account  of  the  discovery  and  exploration  of  the  Mississippi  valley 
see  the  first  and  fourth  volumes  of  tho  Historical  Collections  of  Louisiana. 

X  Iberville  was  tho  first  royal  Governor  of  Louisiana.— tfiVorica/  Collection!  of 
toniMianof  vol.  iii.,  p.  10. 

9 


fl 


180  HISTORICAL  MEMOIRS  OF  LOUISIANA. 

ic\ea  of  colouization  and  expense.  Louisiana  was  ceded  to  M. 
Crozat  in  1712,*  retrocedod  to  the  king  in  1717,  and  at  last 
Law's  project  came  forth  with  the  ostensible  pretext  of  estab- 
lishing the  Lidia  Company  there. 

The  vast  territory  of  Louisiana  was  represented  as  the  richest 
part  of  the  world  ;  "  pearls,"  said  they,  "  could  be  fished  there 
in  abandivnce  ;  the  streams  which  watered  it  rolled  on  sands  of 
gold,  and  that  precious  metal  was  found  on  the  surlace  of  the 
earth  without  any  need  of  proflming  its  bosom."     What  a  bait 
for   avarice!     The   company  easily  sold  at  excessive   prices 
estates  very  rich  and  fertile  indeed.     But  this  was  not  the  ob- 
ject of  the  purchasers,  they  wished  gold  and  silver.   Lnmensc 
grants  were  sold  to  the  wealthiest  men  in  the  kingdom.    Loui- 
siana was  soon  occupied  by  greedy  possessors,  whose  main  ob- 
ject  was  the  discovery  of    mines;   but  although  there   are 
many  in  that  great  colony,  they  were  cither  not  discovered  at 
first  or  did  not  exist  on  the  grants  assigned,  or  were  too  remote 
or  too  badly  located  to  satisfy  the  cupidity  of  the  owners. 
Thus  disappointed  avarice  or  miscalculation  threw  the  fault  on 
the  territory.    The  grantees  were  obliged  to  abandon  an  ill- 
conducted  and  still  more  badly  executed  project.     The  em- 
ploy<5s  sent  into  that  country  perished  mostly  on  the  sands 
of  Biloxi,  the  rest  scattered  through  Louisiana  or  returned  to 
Europe.     Louisiana  soou  lost  the  degree  of  importance  which 
it  had  enjoyed.     The  company  did  not  however  abandon  its 
plans  of  colonization  which  it  had  resolved  to  carry  out  in  that 

vast  countrv. 

The  settlers  sent  out  soon  felt  that  they  must  abandon 
the  insane  project  of  mine-seeking  to  apply  themselves  exclu- 
sively to  the  cultivation  of  the  ground.     The  fertility  of  that, 

•See   Leucrs  Patcnt.-f/,./«n.«/    ColM.ons   of  Louisiana    yoliu.,  p^  38^ 
The  monopoly  of  Crozat  was  ter.ninatcd  l.y  its  surrender.    He  had  advanced  the 


HISTOUICAL  MEMOIRS  OF  LOUISIANA. 


131 


Llcd  to  M. 

n\  ut  ladt 

uf  cstab- 

,lic  richest 
ilied  there 
u  sands  of 
uce  of  the 
hat  a  bait 
ivc  prices 
lot  the  ob- 

Iinrncnsc 
3m.  Loui- 
c  main  ob- 
thcre  are 
covered  at 
too  remote 
le  owners, 
he  fault  on 
don  an  ill- 
The  em- 

the  sands 
'eturned  to 
ance  which 
ibandon  its 

out  in  that 

it  abandon 
jlves  exclu- 
lUty  of  that, 

vol.  iii.,  p-  38. 
id  adY'inccd  the 


watered  by  the  Mi.s.sissippi,  encouraged  .^settlements  on  its 
bank.s,  and  they  now  thought  of  transferring  to  them  the 
chief  .settlement,  which  had  been  first  at  Mobile,  and  tlien  at 
Biloxi. 

M.  do  Bienville,*  a  brother  of  Ibcrville\  founded  Ncw- 
Orloans  iu  1718,  I7l!>  and  1720.  Tliis  city,  .situated  on  the 
banks  of  the  Mississippi,  thirty-two  leagues  from  the  mouth, 
becam  J  th3  chijf  town  of  the  colony.  The  company  sant  over 
many  sutlers  at  its  own  expiiis,^,  but  of  what  character  was 
their  choice  of  persons?  They  gathered  up  the  poor,  mendi- 
cants and  prostitutes,  and  embarked  them  by  force  on  trans- 
ports. On  arriving  at  Louisiana  they  were  married,  and  had 
lands  assigned  tliein  to  cultivate ;  but  the  idle  life  of  three- 
fourths  of  these  fojks  rendered  them  unfitted  for  farming. 
Necessity  vaiidy  calls  us  to  a  laborious  life,  if  the  knowledge 
acquired  by  habit  do  not  enlighten  and  sustain  our  efforts. 

colony  but  little.  The  mines  .inJ  oommerce  of  Louisiana  were  now  Invoked  to  re- 
lieve the  dcl)t  of  Fr.uice,  which  now  exceeded  two  thousand  millions  of  livres. 

At  this  period  of  depression  John  I,aw  proposed  to  the  regent  a  credit  system 
which  should  liberate  the  kinjjdo.n  fro  a  its  enormous  burden.  IJjider  his 
auspices  a  new  company  was  f.)rined,  undi^rthe  name  of  the  Western  Company, 
but  better  known  as  the  Mississippi.  The  exclusive  commerce  of  Louisiana  was 
granted  to  this  company  for  twenty-five  ye.irs.  The  stock  was  divided  into  two 
hundred  thousand  shares  of  five  hundred  livres  each,  to  bo  paid  in  any  certificates 
of  the  public  debt.  The  stockholders  fl  ittcreil  themselves  with  large  profits,  and 
the  Directory  soon  after  declared  a  diviilend  of  two  hundred  per  cent.  'I'he  delu- 
sion wag  now  com;deti'.  and  the  stock  rose  to  sixty  times  its  par  value.  In  1719, 
the  Bank  of  Law  became  the  Hank  uf  France — Law  was  looked  upon  as  the 
greatest  man  of  his  age.  In  I'riiK  t'le  pililic  began  to  lose  confidence  in  his 
management;  and  in  May.  baiiUru|ih\  was  avowed  by  a  decree  which  reduced 
the  value  of  his  notes  to  one  half  He  ficil  to  Kngland,  and  afterwards  to  Venice, 
where  he  died  on  the  21st  of  March.  11*9,  in  the  58th  year  of  his  age.  .Such 
was  the  issue  of  Law's  celebrated  .'systc.ii.  wlr.ch  left  to  the  world  a  lesson  on  the 
credit  system  which  it  h.is  been  slow  in  I    irn. 

Although  it  proved  disastroiis  to  I'r.iiice.  it  cannot  be  doubted  that  it  gave  an 
impetus  to  the  successfol  colonization  ol    Louisiana. 

"See  a  sketch  of  ihe  public  life  of  iVunvillc,  in  the  Hitlorical  CilltcUimt  nf 
Louitiana,  vol.  iii.,  p.  :;;0. 


; ,. 


182 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


Accordingly,  you  cannot  find  twenty  of  tlicsc  vagabond  fami- 
lies in  Louisiana  now ;  most  of  them  died  of  misery  or  returned 
to  France,  bringing  back  such  idea  wliicli  thoir  ill  success  hnd 
inspired.  The  most  frightful  accounts  of  the  Mississippi  soon 
began  to  spread  among  the  public,  at  a  time  when  German 
colonists  were  planting  new  and  most  successful  establishments 
on  its  banks,  Avithin  five  or  seven  leagues  of  New-Orleans. 
This  tract,  still  occupied  by  their  descendants,  is  the  best  culti- 
vated and  most  thickly -settled  part  of  the  colony,  and  I  regard 
the  Germans  and  Canadians  as  the  founders  of  all  our  estab- 
lishments in  Louisiana. 

The  fertility  of  this  country  presented  important  objects  of 
culture  ;  that  of  tobacco  alone  sufficed  to  indemnify  the  French 
company'for  all  its  expenses  in  colonization,  if,  in  consequence 
of  the  pride  which  had  ruined  it,  it  had  not  sought  to  extend 
its  possessions  and  assume  everywhere  an  air  of  sovereignty 
which   never  sits  well  on  a  company  of  merchants,  whose 
attention  should  be  exclusively  directed  to  the  means  of  ex- 
tending commercial  relations  and  increasing  the  number  of 
articles  of  trade.     If  the  company,  instead  of  building  forts  at 
excessive  prices,  keeping  up  considerab" .  bodies  of  troops, 
raising  buildings  which  served  only  to  gratify  vanity  and  give 
a  vain  idea  of  its  greatness  and  power,  and  furnishing  its 
agents  every  means  of  increasing  the  expcndit'ure,  had  confined 
itself  to  encouraging  the  culture  of  articles  of  which  they  knew 
the  importance,  wo  should  not  now  see  all  good  citizens  of 
France  sighing  over  the  failure  of  the  attempts  to  establish  a 
colony,  whose  fertility  is  admired  and  importance  felt. 

The  company  then  enjoyed  in  France  a  monopoly  of  the 
tobacco  trade,  and  drew  a  great  quantity  from  Louisiana. 

The  post  founded  at  Natchez  was  as  wise  as  well  conceived ; 
this  canton  would  have  furnished  all  the  tobacco  needed 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


133 


bond  fami- 
)r  returned 
UCCCS3  hfid 
.sippi  soon 
n  Gorman 
blisliments 
w-Orleans. 
!  best  culti- 
id  I  regard 
our  cstab- 

;  objects  of 
tlie  Frencli 
onsequence 
t  to  extend 
lovcreignty 
nts,  whose 
cans  of  ex- 
number  of 
.ing  forts  at 
of  troops, 
ty  and  give 
rnisliing  its 
ad  confined 
L  tliey  knew 
citizens  of 
)  establisb  a 
felt. 

)poly  of  the 
lisiana. 
conceived ; 
,cco  needed 


in  France,  and  the  quantity  (?  quality)  is  superior  to  that 
which  this  kingdom  now  derives  from  our  provinces  of  ^fary- 
land  and  Virginia.  The  misconduct,  cupidity  and  injustice 
of  the  French  commanders  drove  the  Natchez  to  destroy  com- 
pletely all  the  establishments  begun  on  their  lands,  Tn  one 
day  they  massacred  the  inhabitants,  pillaged  the  storehouses, 
and  the  whole  colony  would  have  met  the  same  fate  but  for 
the  assistance  of  an  old  woman,  who  found  a  means  of  hasten- 
ing the  day  chosen  by  all  the  nations  in  unison,  for  massacring 
the  French  scattered  through  that  vast  province.  By  this 
means  the  Natchez  alone  massacred  the  settlers  among  them. 

On  escaping  from  this  danger,  the  French  had  no  alternative 
but  to  take  quick  vengeance,  in  order  to  strike  other  Indians 
with  awe  and  hold  them  in  check. 

The  Natchez  who  had  struck  the  French  post  were  destroy- 
ed, and  of  that  nation,  once  the  oldest  and  most  important  in 
all  Louisiana,  there  remain  now  only  some  few  families  dis- 
persed in  other  tribes. 

After  this  heavy  loss,  and  the  outlay  of  immense  sums  use- 
lessly spent  in  forts  and  buildings,  the  preservation  of  Louisi- 
ana became  burthcnsome  to  the  company.*  Its  monopoly,  too, 
was  expiring ;  and  the  king,  having  accepted  its  surrender  in 
1732,  sent  out  cargoes  of  men  and  women,  in  whose  selection 
the  same  vice  prevailed,  and  which  accordingly  could  not  but 
resul!  as  did  those  of  the  company.  The  little  revenue  de- 
rived, the  immense  sums  which  had  without  return  to  be  pour- 
ed into  that  rich  country  without  any  visible  advantage,  and 

*  The  monopoly  which  Crozat  and  the  India  Company  enjoyed  and  enforced, 
checked  and  destroyed  in  some  degree  the  incipient  trade  which  the  colony  en. 
joyed  before  the  peace  of  Utrecht.  Yet  it  cannot  be  denied  that  at  the  surrender 
of  the  charter,  the  colony  was  found  in  a  prosperous  condition  ;  the  white  popu- 
lation had  increased  from  seven  hundred  to  upwards  of  five  thousand,  and  the 
black  from  twenty  to  two  thousand  persons. 


v% 


184 


lUSTOUICAL  MEMOIRS  OF  LOUISIANA. 


the  wars  necessarily  can-iod  on  with  the  ImUana,  sickened  them 
of  a  cok)ny  thcncefurward  regarded  as  a  Inirtlien. 

Let  us  say  alL  The  Frenehniun,  quielc  to  conceive  and 
undertake,  would  have  the  execution  and  sueeess  keep  pace 
witli  the  vivacity  of  his  character.  Hence  his  inaptitude  for 
founding  colonies  ;  hence  his  failure  in  the  attempts  made  by 
his  nation  ;  for,  if  we  comj)are  their  possessicMis  to  those  of  the 
Dutch  and  English,  we  must,  after  observing  the  means  used  by 
both,  admit  that  new  establishments  require  the  same  rhj  ime 
as  children;  they  must  bo  furnished  with  the  necessary  food, 
suitable  to  their  development,  be  neither  hampered  iior])ushed 
on  prematurely,  leaving  time  and  nature  to  bring  the  work  to 
perfection. 

I  pass  ra2)idly  over  the  events  which  concern  Louisiana. 
The  notes  will  supply  the  deficiency.  The  various  Indian 
wars  carried  on  by  France  from  1730  to  1762,  form  the  most 
interesting  portion.  They  serve  to  prove  that  the  colonists  in 
Louisiana  were  animated  with  the  same  sjiirit  of  patriotism 
'  which  rendered  the  conquest  of  Canada  so  difficult.  But  I  in- 
tend to  regard  only  the  political  side  of  Louisiana,  and  in  this 
view  I  stop  to  consider  an  event  stated  in  the  different 
memoirs,  which  have  Avithin  the  last  few  years  appeared  on 
that  colony. 

The  money  current  there,  as  in  our  New-England  provinces, 
was  paper  having  the  value  of  silver.  In  Louisiana  this  paper 
was  signed  by  the  inteudant,  comptroller  and  treasurer ;  every 
year  a  certain  quantity  was  withdrawn  and  bills  of  exchange 
on  the  royal  treasury  in  France  given  instead.  Nothing  Avas 
better  planned.  Sales  and  exchanges  Avere  at  once  facilitated, 
and  the  connection  between  the  colony  and  the  mother  country 
strengthened.  The  Avar  of  174'1  multiplied  expenses  and  pre- 
vented  draAving  bills  of  exchange.     The  quantity  of  paper 


^^',1 .  -.JJSi,-:  »-,,»^= 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


135 


!uc(l  tlicm 

3civo  ami 
<o('P  piice 
itiludo  for 
made  l)y 
lose  of  the 
IS  used  by 
lie  irij  ime 
sary  food, 
orpusliod 
e  work  to 

Louisiana, 
us  Indian 
I  the  most 
aloiiists  in 
jjatriotisra 

But  I  in- 
md  in  this 

difForcnt 
pcarcd  on 

provinces, 
tliis  paper 
•er;  every 
exchange 
)thing  was 
facilitated, 
er  country 
s  and  pre- 
'  of  paper 


spread  in  the  place  exceeded  the  sums  destined  by  the  govern- 
ment for  the  colony.  Tt  was  in  coiis(<4uence  called  in,  the 
holders  losing  two-(lfths  of  the  value— a  signal  fault,  though 
represented  as  necessary  and  indisi)ensable,  but  which  has 
greatly  impeded  the  progress  of  the  colony. 

The  peace  of  17-48*  tended  to  n\ake  the  evils  produced  by 
the  depreciation  of  the  paper  currency  less  sensibly  felt.  A 
contraband  trade  with  the  Spaniards  of  Mexico  and  Havana 
brought  much  silver  into  the  colony  between  17-18  and  1752. 
But  an  essential,  though  then  unnoticed  vice  in  this  trade 
was,  that  it  was  not  based  on  the  productions  of  the  colony  ; 
it  was  founded  on  the  allluence  of  strangers,  who  brought 
their  dollars  and  Campeachy  wood.  This  nourishing  state 
could  last  only  as  long  as  the  trade  lasted  ;  yet  all  turned  their 
attention  to  trade  and  neglected  agriculture.  Lands  were 
abandoned,  comfortable  planters  sold  their  negroes  and  cattle 
to  engage  in  commerce ;  but  from  1753,  when  M.  de  Kerlerco 
came  to  succeed  M.  Vaudreuil.f  the  Spaniards  no  longer  ap- 

•  After  the  peace  of  1748,  the  French  ministry  took  a  deep  interest  in  the  set- 
tlement of  Louisiana,  and  held  out  encouragements  to  all  those  who  wished  to 
establish  themselves  there.  They  gave  lands,  catlle,  and  instruments  of  tillage 
to  all  settlers. 

t  The  Marquis  dc  Vaudreuil  was  promoted  to  the  government  of  Canada.  He 
was  the  son  of  a  distin«ruished  officer  who  had  been  governor-general  of  Canada, 
and  belonged  to  an  influential  family  at  the  French  court.  His  arrival  in  the 
colony  was  therefore  hailed  with  joy,  as  the  harbinger  of  better  days.  His  ad- 
ministration was  long  remembered  as  a  brilliant  one. 

Kerlercc,  his  successor,  was  a  captain  in  the  royal  navy.  He  had  been  twenty 
years  in  active  service,  and  was  distinguished  for  his  bravery.  He  reached  the 
Balize  on  the  9th  of  January  ;  and  on  the  9th  of  February,  17.53,  he  was  install- 
eJ  Governor  of  Louisiana.  Ho  began  his  administration  by  being  kind  to  the 
Indians,  especially  to  the  powerful  tribe  of  Choctaws.  He  reduced  the  army  to 
thirteen  hundred  men.  Although  the  French  government  had  recommended  the 
strictest  economy,  and  had  reduced  the  army,  the  expenses  for  the  year  1754 
amounted  to  near  a  million  of  livres.  In  the  following  year  the  English  had 
attacked  the  French  in  Canada,  and  he  expected  soon  to  be  attacked  himself  In 
17.')7,  they  had  cut  off  nearly  all  communication  between  France  and  Louisiana, 


186 


HISTORICAL  MEMOIKS  OF  LOUISIANA, 


peared  in  Louisiana  in  such  numbers ;  this  governor  was  accused 
of  having  kept  them  off,  but  if  he  did  it  with  the  view  of  re- 
calhng  the  colonists  to  agriculture,  they  can  complain  only  of 
the  means  he  took  to  attain  it.  The  fact  is,  that  when  these 
Spanish  interlopers  abandoned  Louisiana  the  colony  was 
loaded  with  all  the  useless  mouths  that  had  subsisted  by  the 
Spanish  trade.  Agriculture  having  been  neglected,  no  longer 
furnished  the  same  resources ;  the  city  had  been  peopled  at 
the  expense  of  the  country. 

Avarice,  which  always  finds  real  or  apparent  means  of  satis- 
fying itself,  invented  a  very  onerous  one  to  repair  the  evil 
caused  by  the  departure  of  the  Spaniards ;  this  was  to  increase 
the  royal  expenses,  and  we  may  say  that  they  had  no  more 
moderate  limits  than  the  motives  to  which  they  owed  their  ex- 
istence and  their  excess.  The  forts  vv^hich  the  French  king 
had  in  different  parts  of  the  colony  were  objects  of  ofEce- 
seekers.*     These  men,  led  there  by  cupidity,  carried  the  ex- 


and  he  had  to  send  to  Vera  Cruz  for  ammunition  and  supplies.  The  faf  e  of  the 
colony  was  approaching.  The  Choctaws  and  Alibamons  threatened  to  join 
the  English,  unless  they  received  supplies.  Things  continued  to  get  gradually 
worse,  when,  on  the  Od  of  November,  1762,  the  king  of  France  ceded  to  the 
king  of  Spain  this  splendid  province,  which  extended  from  the  Gulf  of  Mexico 
to  the  shores  of  the  Pacific.  On  the  29th  of  June,  1763,  D'Abadie  landed  at 
New-Orleans,  and  Kerlercc  soon  after  departed  for  France,  where  he  was  thrown 
nto  the  Bastile  to  answer  charges  made  against  him.  Here  he  was  confined 
for  some  time,  and  after  his  release,  it  is  said,  he  died  of  grief — Qayarri's 
Archives  of  France. — Martin.  ' 

♦  These  posts  were  Point  Coupfie,  Natchitoches,  Natchez,  Arkansas,  Illinois, 
Mobile, Tombeckbe  and  Alibamons.  They  served  as  retreats  for  Indian  traders. 
Under  Kerlerec's  administration  the  commanders  of  these  exclusively  carried  on 
the  trade,  and  disposed  at  will  of  the  royal  stores  intended  as  presents  for  the 
Indians.  After  exhausting  these,  they  sold  goods  to  the  king  at  exorbitant 
prices,  and  frequently  the  very  articles  which  they  had  abstracted.  I  have  heard 
on  this  point  strange  items  of  expense,  the  most  entertaining  are  these,  viz  : 
it  cost  the  king  of  France  ten  thousand  francs  to  clear  a  prairie  !  and  in  another 
post  twenty  thousand  francs  in  one  year  for  milk  for  the  hospital.  The  garrison 
of  the  post  must  have  been  suckled  all  that  year  ! 


!! 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


137 


pcnscs  to  unheard-of  suras,  for  they  dopcndcd  on  their  will,  or 
rather  on  their  caprice.  They  drew  bills  of  exchange,  which 
the  comptroller  (commissaire-ordonnateur)  of  New-Orleans  Avas 
obliged  to  accept  in  the  king's  name.  All  this  took  place 
during  the  last  war,  and  expenses  are  mentioned  which  arc 
perfectly  incredible,  So  barefaced  and  ridiculous  are  they. 

The  great  quantity  of  paper  showed  the  necessity  of  depre- 
ciating its  value,  and  before  the  king  had  spoken,  commerce 
had  taxed  it.  His  Christian  majesty  acted  much  more  favor- 
ably than  was  supposed ;  for  the  paper  was  reduced  only  half, 
while  on  'change  at  New-Orleans  they  lost  three-quarters.* 

It  is  easy  to  see  how  such  shocks  injured  the  progress  of 
the  colony.  They  soon  combined  with  other  causes  to  pro- 
duce the  unhappy  state  into  which  that  province  fell,  at  the 
time  when  I  was  drawn  there  with  the  troops  sent  by  the 
English  government,  to  begin  establishments  on  the  ceded  ter- 
ritory. The  information  which  I  acquired  enables  me  to  say 
positively,  that  the  two  main  causes  of  the  weakness  of  the 
colony  at  all  times  are,  first,  a  neglect  to  encourage  agriculture 
and  thereby  a  medium  of  exchange ;  and  secondly,  the  mis- 
management in  the  expenses  incurred  in  the  king's  name.  All 
believe  that  Louisiana  would  have  been  able  to  sustain  Canada 
and  carry  French  conquest  into  the  very  heart  of  the  English 
possessions  in  North  America,  had  the  French  gove:^nmcnt 
thought  more  seriously  of  the  means  of  increasing  the  power 
of  that  portion  of  the  new  world !  —had  it  animated  the  dif- 
ferent branches  of  cultivation,  for  which  it  is  better  adapted 
than  any  other  part  of  North  America — had  posts  been  opened 

*  Thfi  amount  of  paper  at  this  time  afloat  in  tho  colony  was  about  seven  mil- 
lions of  livres,  whieli  was  Belling  at  the  rate  of  about  five  livres  in  paper  for  ono 
of  specie.  About  this  time,  too,  a  memorial  was  written  proposing  to  restore 
confKlenco  by  adopting  a  plan  for  the  withdrawing  of  all  paper  money  in  the 
colony. 


188 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


for  commerce,  means  of  exchange  instead  of  means  of  cupidity 
and  revulsions  been  presented,  and  a  deaf  ear  been  turned  to 
tliosc  who,  impelled  by  avarice,  proposed  at  times  to  shackle 
agriculture  under  the  false  pretext  of  encouraging  commerce. 

Such  is  the  idea  that  I  conceived  of  the  main  causes  of  the 
languishuig  state  of  that  colony ;  and  we*  shall  be  convinced  of 
their  accuracy,  when  in  the  second  part  we  sec  Louisiana  re- 
covering her  strength  when  the  colonists  turned  their  attention 
to  agriculture. 

This  part  will  embrace  the  period  between  the  peace  and 
the  arrival  of  the  Spaniartts ;  and  the  success  of  so  short  a 
period  will  tend  to  prove  what  I  have  advanced  in  the  first 
part,  "  that  the  neglect  of  agriculture  was  the  main  cause  of 
the  state  of  weakness  in  which  the  colony  was  in  1762."* 


*  In  the  Archives  of  the  Escurial,  there  is  a  document  in  which  Spain  states 
her  impossitiility  to  send  supplies  to  the  colonists,  but  recommends  it  as  the  in- 
terest of  France  and  Spain  to  retain  Louisiana.  As  early  as  1762,  the  king  of 
France  wrote  to  Kerlerec,  that,  by  the  preliminaries  of  peace,  he  had  ceded 
to  the  king  of  England  a  part  of  Louisiana,  and  had  also  resolved  upon  ceding 
the  other  part  to  his  cousin,  the  king  of  Spain. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


139 


SECOND  PART. 


frH.iT  LOUlSIJLyA  WAS  FROM  THE  PEACE    OF  1762  TILL  TIIK  ARIUI'AL 
OF  THE  SPAyiARUS. 

THE  Frenchman  loves  his  king  as  the  Englishman 
loves  his  country;  this  love,  more  disinterested  in  the 
former,  is  as  worthy  of  high  praise.  These  two  dillerent 
springs  produce  in  each  nation  similar  acts  of  patriotism.  In 
the  last  war  we  saw  the  Canadian  recognize  welflu'e  and  hap- 
piness only  under  French  rule,  and  for  it  sacrifice  fortune, 
children,  life ;  and,  after  the  peace,  half  the  inhabitants  of  Cana- 
da abandon  their  lands,  and  run  the  risk  of  dying  from  want 
in  France  rather  than  enjoy  the  ease  which  their  possessions 
assured  them  under  a  free  and  peaceful  government. 

We  see  this  same  patriotic  fire  extend  to  Louisiana  among 
all  the  colonists  who  were  on  the  part  ceded  to  the  English. 

We  shall,  in  the  third  part  of  this  work,  show  this  spark  the 
origin  of  a  great  conflagration  which  might  liave  produced  the 
most  surprising  revolution;  but  we  are,  at  present,  to  consider 
what  transpired  between  the  peace  of  17G2  and  the  arrival  of 
Don  Antonio  do  Ulloa.  This  period  embraces,  if  we  may 
use  the  expression,  the  manhood  of  the  colony — a  glorious 
time,  indeed,  but  too  short. 

The  English,  as  I  have  already  said,  had  acquired  the  ces- 
sion of  Florida  and  all  Louisiana  east  of  the  Mississippi,  whoso 
course  became  common  to  the  two  nations,  French  and  English. 
The  former,  however,  preserved  the  isle  of  New-Orlcan.s,  formed 
by  Iberville  iiiver  and  the  lakes.  The  circumference  of  this 
island  is  about  150  leagues,  but  all  the  land  is  not  inhabitable ; 
in  fact,  only  the  banks  of  the  Mississippi  are.     The  city  lies  on 


\ 


I  i 


'-iiiiiA^ii^V-'^'-^*  =-  -VM-.i 


140 


HISTORICAL  MEM0IB3  OF  LOUISIANA. 


V 


the  island  wliich  bears  its  name,  tliirty-two  leagues  from  the 
mouth  of  the  river,  and  one  league  from  a  narrow  channel 
running  to  Lake  Ponchartrain,  which  connects  with  the  gulf.  As 
the  entrance  to  this  lake  belonged  to  the  English,*  commerce 
with  the  French  was  secured  to  them  on  all  sides,  as  the  prin- 
cipal French  establishments  are  on  New-Orleans  island,  and 
communicate  with  the  city  by  the  river  and  lakes.  The  gulf- 
shore  at  Pensacola  and  Mobile  is  of  a  white  sand,  unfit  for  culti- 
vation, rendering  it  indispensable  to  communicate  and  trade 
with  the  French  colony  of  Louisiana.  The  English  govern- 
ment had  felt  it,  and  by  leaving  the' isle  of  New-Orleans  to  the 
French,  they  assured  themselves  a  trade  which  cannot  possibly 
be  prevented,  and  which  is,  moreover,  necessary  and  very  ad- 
vantageous to  the  inhabitants. 

At  the  moment  when  the  treaty  of  peace  was  published,  the 
French,  whose  possessions  lay  on  the  part  now  become  English 
territory,!  were  seen  abandoning  their  lands  and  proceeding 
with  their  negroes  and  stock  to  territory  which  they  believed, 
as  the  treaty  pretended  them,  to  be  still  French.  In  some 
places  they  had  only  to  cross  the  river.  They  showed  no 
regret  at  the  constant  sight  of  the  plantations  which  they  had 
abandoned. 

Who  can  refuse  a  tribute  to  such  sacrifices?  The  promises 
of  the  English,  the  flicilities  which  they  afforded,  retained  only 
such  colonists  as  could  not  abandon  their  possessions  without 
exposing  themselves  to  starvation.      • 


*  Sop  the  correspondence  between  Col.  Robertson  and  Gov.  d'Abadio,  in  1763, 
on  the  commerce  of  the  lakes. 

t  Prior  to  this  period  the  whole  territory  on  both  sides  of  the  Mississippi,  situ- 
ated between  the  northern  lakes  and  the  Gulf  of  Mexico,  and  between  the  Mexi- 
can and  Alleghany  Mountains,  went  under  the  name  of  Louisiana.  That  part 
of  it  ceded  to  the  English  lost  the  name,  but  the  new  acquisition  of  Spain  re- 
tained it.  In  1702,  the  king  of  France  sent  instructions  to  M.  d'Abadio  respect- 
ing the  delivery  of  Louisiana  to  England  and  Spain. 


HISTORICAL  MEMOIRS  OF  LOUISIANA, 


141 


Monsieur  d'Abadie  was  appointed  by   the  French  king 
governor  of  the  part  of  Louisiana  wliich  had  been  left  him  by 
the  treaty  of  peace.     The  city  had  the   rank  of  a  port  of 
entry,  and  M.  d'Abadie   had  the   direction  of  the   custom- 
house, thus  uniting  the  two  offices  of  intcndant  and  governor 
of  that  wretched  colony ;  the  deplorable  state  in  which  he 
found  it,  left  him  no  hope  of  ever  seeing  it  attain  the  splendor 
to  which  he  saw  it  could  bo  raised.     Yet,  he  employed  wisely 
and  understandingly  the  best  means  to  attain  it.     lie  felt  that 
a  spirit  of  trade  and  exchange  had  seduced  many  .     To  recall 
some  to  agriculture  and  inspire  a  taste  for  it,  and  destroy  all 
hopes  of  making  fortunes  otherwise,  he  diminished  the  exces- 
sive expenses  of  the  government,  giving  a  surer  and  more 
profitable  direction  to  agriculture ;  he  flattered   the  hopes  of 
the  colonist,  and  endeavored  to  open  markets  for  articles  that 
could  employ  the  greatest  number  of  inhabitants,  such  as 
tobacco  and  rice.     Lastly,  he  permitted  the  English  to  trade 
with  the  colonists,  and  even   encouraged   them  to   supply 
negroes.* 

No  governor  had  till  then  perceived,  as  M.  d'Abadie  did, 
the  real  means  of  prosperity  for  Louisiana;  but  the  colony  was 
three  or  four  years  in  arrear,  and  this  debt  was  first  to  be  liqui- 
dated. The  Louisiana  merchants  owed  a  great  part  of  the 
invoices  shipped  by  houses  in  France,  and  M.  d'Abadie  had 
to  seek  means  to  send  back  all  these  sums  in  order  to  restore 
the  colony's  credit,  entirely  lost  since  the  war.  This  he 
could  not  effect  without  incurring  the  hostility  of  the  mer- 
chants, who  looked  with  a  jealous  eye  on  the  English  stores 
at  New-Orleans.  But  the  welfare  of  the  colonial  cultivator 
called  for  his  first  attention.     Commerce  he  could   always 


t:.!^ 


*  English  merchants  for  a  number  of  years  Bupplird  Louisiana  and  the  Ameri- 
can colonies  with  negroes  from  Africa. 


\'t 


142 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


I! 


\, 


restore,  and  with  applause,  when  the  colonial  produce,  aug- 
mented by  the  facilities  ofFercd  the  cultivator,  had  furnished 
the  merchants  sure  means  of  exchange  and  speculation.* 

A  premature  death  unfortunately  carried  off  this  worthy 
man,  at  the  very  moment  when  he  was  most  occupied  with 
means  of  elevating  the  colony  ;  which  had  as  yet  but  slightly 
experienced  the  efficacy  and  certainty  of  those  means.  His 
death  was  not  accordingly  as  much  regretted  as  it  should  have 
been.f 

lie  was,  moreover,  replaced  by  M.  Aubry  a  man  whose 
valor  had  won  the  highest  praise  in  the  last  war,  and  whose 

♦Till"  merchants  adilresBod  a  memorial  to  M.  d'Abadie  on  the  7th  of  June, 
'l7fi4,  (io|)icliiii5  the  wretched  condition  of  the  colony  produced  by  the  depreciation 
of  paper  iiioni'y.  This  document  contains  a  practical  refutation  of  the  paper 
system,  and  shows  its  demoralizing  effects. — Archive!  of  France. 

tM.  d'Abadie  was  appointed  by  the  king,  director-general  in  1774,  in  which 
year  he  arrived  in  Louisiana.  This  magistrate  was  profoundly  distressed  with 
the  duty  ho  was  instructed  to  perform,  and  the  grief  which  it  occasioned 
caused  bis  death  on  the  4th  of  February,  1765.  It  is  stated  by  a  writer  ai  this 
period,  that  he  died  universally  regretted.  "  A  disinterested  ruler,  just  towards 
all.  and  inflexibly  firm  in  causing  the  laws  to  be  respected,  he  severely  repress- 
ed the  excesses  of  masers  towards  their  slaves,  and  prolccted  the  Indians  from 
every  kind  of  oppression.  Uy  his  example,  he  caused  religion  and  morality  to 
be  honored  ;   and  left  a  memory  dear  to  all  Louisianians." 

In  October.  1764,  M.  d'Abadie  announced  the  cession  to  the  colonists.  This 
intelligence  plunged  the  inhabitants  into  the  deepest  consternation.  They  in- 
dulged however  the  fond  hope  that  their  united  exertions  might  avert  the  im- 
pendmg  calamity.  Every  parish  was  accordingly  invited  to  send  its  most  notable 
planters  to  a  general  meeting  m  New-Orleans  in  the  beginning  of  the  following 
year.  It  was  attended  by  almost  every  respectable  planter  from  the  province, 
and  by  almost  every  person  of  note  in  New  Orleans  Lafreniere,  the  attorney- 
general,  addressed  themceling  in  a  patriotic  speech,  which  he  concluded  with  a 
proposition,  "that  the  sovereign  should  be  entreated  to  retrace  his  steps,  and 
that  an  agent  should  be  sent  to  France  to  supplicate  his  majesty."  The  propo- 
sition was  iissented  to  without  a  dissenting  voice,  and  Jean  Milhct  was  selected 
for  the  iiuportant  mission.  He  went  to  France,  and  at  Paris  he  was  assisted  by 
Bienville,  the  former  governor  of  Louisiana,  who  bewailed  the  dismemberment 
of  Louisiana.  He  called  with  Milhet  on  the  Due  de  Choiseul,  but  as  he  was 
the  prime  mover  of  the  measure,  they  were  denied  access  to  tht  king,  and  the 
mission  failed.  Milhet  returned  to  New-Orleans  ;  reported  the  ill  success  of  his 
mission,  and  ended  his  days  as  a  state  prisoner  in  the  .Moro  Castle,  Havana, 


^--_.u.-".^^.jl  .     .  ,.fnM0$*  I** 


HISTORICAL  MKMOIRS  OF  LOUISIAKA. 


143 


luce,  aug- 
furnished 
ion.* 

3  worthy- 
pied  with 
it  slightly 
ans.  His 
ould  have 

an  whose 
md  whose 

7th  of  June, 
depreciation 
of  the  paper 

74,  in  which 
itressed  with 
t  occasioned 
vriter  df  this 
just  towards 
rely  repress- 
Indians  from 
1  morality  to 

mists.  This 
n.  They  in- 
avert  the  im- 
most  notable 
;he  following 
the  province, 
the  attorney- 
luded  with  a 
lis  steps,  and 
The  propo- 
was  selected 
s  assisted  by 
memberment 
It  as  he  was 
iing,  and  the 
ucccss  of  his 
Havana, 


social  virtues  made  hira  generally  respected.  It  was  not 
remarked  that  the  qualities  of  a  good  soldier  and  a  good  citi- 
zen do  not  necessarily  suppose  those  necessary  for  govi'mment, 
the  administration  and  finances.  M.  Aubry,  an  excellent 
grenadier,  had  no  quality  to  fit  him  for  governing  properly  a 
colony  situated  as  Louisiana  was  then.  A  talent  far  superior 
to  this  governor's  was  needed  to  carry  out  the  important  wuvk 
begun  by  M.  d'Abadie,  and  to  fulfil  worthily  the  dillieult 
commission  imposed  upon  him. 

The  planter  who,  under  M.  d'Abadie,  had  felt  the  necessity 
of  devoting  his  time  to  cultivation,  and  whose  es.<;iys  had 
proved  how  advantageous  it  would  be,  did  not  relax  under 
M.  Aubry,  from  whom  he  expected  as  much  protet.'lion  and 
encouragement  as  he  had  received  from  his  predecessor. 

But  sometime  before  his  death,  in  1703,  M.  d'Abadie  had 
received  from  the  French  court  notice  of  the  cession  of  Louisi- 
ana to  Spain,  by  an  act  passed  at  Madrid  and  Versailles  at  the 
time  of  the  peace  of  1764.  No  one  knew  why  this  cessi(m 
had  been  so  long  kept  secret,  or  why  France  had  after  that 
sent  a  governor  and  troops  in  her  pay.  The  French  king,  an- 
nouncing the  cession,  ordered  M.  d'Abadie  to  enter  the  letter* 

*  Louis  the  Fi/lcenth  to  M.  d'Abadie. 

"Monsieur  n'AnADiE  : — Having,  by  a  special  act,  passed  at  Fonlainel'lniiu, 
November  3d,  1762,  ceded,  voluntarily,  to  my  dear  and  well-bploved  coui-iii.  the 

king  of  Spain,  his  heirs  and  succcssjrs  in  full  right,  purely  and  simply  wil t 

exception,  the  whole  country  known  under  the  name  of  Louisiiuii,  as  \v<  li  as 
New-Orleans  and  the  island  on  which  that  city  is  situated  ;  and  the  king  of  N;  .nil 
having,  by  another  act,  passed  at  the  Escurial,  on  the  13th  of  Novenilicr,  in  tliu 
same  year,  accepted  the  cession  of  the  said  country  of  Louisiana,  city  .-iikI  isl  uid 
of  New-Orleans,  according  to  the  annexed  copies  of  these  acts  ;  I  ii(kliri.s  ilns 
letter  to  inform  you  that  my  intention  is,  that  on  the  receipt  of  this  letter  and  the 
copies  annexed,  whether  it  reaches  you  through  the  officers  of  his  Spaiiislv 
majesty,  or  directly  by  the  French  vessels  charged  with  its  ilelivcry.  jou  will 
resign  into  the  hands  of  the  governor  therefor  appointed  by  the  king  of  Spain, 


{■■I 


144 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


i 

"''i 

tJ5 


in  the  council  minutes,  that  the  different  departments  in  the 
province  might  refer  to  it  when  necessary. 

I  was  an  eye-witness  of  the  consternation  which  this  over- 
whehning  news  produced  at  New-Orleans.  A  general  despair 
would  have  followed,  had  they  not  fondly  hoped  that  the  ces- 
sion would  never  actually  take  place.    They  could  not  conceive 

the  said  country  and  colony  of  Louisiana  and  its  dependencies,  with  the  city  and 
island  of  Ncw-Oricans,  in  such  state  as  they  may  be  at  the  date  of  such  cession, 
wishing  that  in  future  they  belong  to  his  Catholic  majesty,  to  be  governed  and 
administered  by  his  governors  and  officers  as  belong  to  him,  m  full  right  and 
without  exception.     I  accordingly  order,  that  as  soon  as  the  governor  and  troops 
of  his  Catholic  majesty  arrive  in  the  said  country  and  colony,  you  put  them  in 
possession,  and  withdraw  all  the  officers,  soldiers,  and  employes  in  my  service 
in  garrison  there,  to  send  them  to  France  or  my  other  American  colonies,  or  such 
of  them  as  are  not  disposed  to  remain  under  the  Spanish  authorities.    I  moreover 
desire,  that  after  the  entire  evacuation  of  the  said  port  and  city  of  New-Orleans, 
you  collect  all  papers  relative  to  the  finances  and  administration  of  the  colony  of 
Louisiana,  and  come  to  France  and  account  for  them.     It   is,  nevertheless,  my 
intention  that  you  hand  over  to  the  governor  or  officer  thereto  appointed  all  the 
papers  and  documents  which  especially  concern  the  government  of  the   colony, 
citl'er  relative  to  the  colony  and  its  limits,  or  relative  to  the  Indians  and  the 
varitus  posts,  after  having  drawn  proper  receipts  for  your  discharge,  and  given 
said  governor  all  the  information  in  your  power  to  enable  him  to  govern  said 
colony  to  the  reciprocal  satisfaction  of  both  nations.     It  is  my  will  that  there  be 
made  an  inventory,  signed  in  duplicate  by  you  and  his  Catholic  .majesty's  com- 
missary, of  all  artillery,  effects,  magazines,  hospitals,  ships,  &c.,  belonging  to 
mo  in  said  colony,  in  order,  that  after  putting  said  commissary  in  possession  of 
the  civil  edifices  ai.l  buildings,  an  estimate  be  made  up  of  the  value  of  all  the  said 
effects  rcmain:-..g  on  the  spot,  the  price  whereof  shall  be  paid  by  his  Catholic 
majesty  according  to  such  estimate.     I  hope,  at  the  same  time,  for  the  advantage 
and  tra'nquillity  of  the  inhabitants  of  the  colony  of  Louisiana  ;  and  in  consequence 
of  the  friendship  and  affection  of  his  Catholic  majesty,  I  trust  that  he  will  give 
orders  to  his  governor  or  other  officer  employed  in  his  service,  in  said  colony  and 
city  of  New-Orleans,  to  continue  in  their  functions  the  ecclesiastical  and  reli- 
gious houses  in  charge  of  the  parishes  and  missions,  as  well  as  in  the  enjoyment 
of  the  rights,  privileges  and  exemptions  granted  to  them  by  their  original  titles ; 
to  continue  the  ordinary  judges,  as  well  as  the  superior  council ;  to  render  justice 
according  to  the  laws,  forms  and  usages  of  the  colony  ;  to  guard  and  maintain 
the  inhabitants  in  their  possessions;  to  confirm  them  in  possession  of  their 
estates  according  to  the  grants  made  by  the  governors  and  intendants  (ordonna- 
teurs)  of  said  colony,  and  that  such  grants  be  deemed  and  reputed  confirmed  by 
his  Catholic  majesty,  even  though  not  yet  confirmed  by  me.     Hoping,  moreover, 
that  his  Catholic  majesty  will  bo  pleased  to  give  his  subjects  in  Louisiana  the 


HISTORICAL  MEMOIRS  OP  LOUISIANA. 


145 


mts  in  the 

this  over- 
iral  despair 
liat  the  ces- 
ot  conceive 

ih  the  city  and 
f  Buch  Cfssion, 

governed  and 

full  right  and 
nor  and  troops 
a  put  them  in 

in  my  service 
ilonics,  or  such 
!B.  I  moreover 
'  New-Orleans, 
if  the  colony  of 
vertheless,  my 
pointed  all  the 
of  the  colony, 
ndians  and  iho 
irge,  and  given 

to  govern  said 
ill  that  there  be 
niajesty's  com- 
,  belonging  to 
n  possession  of 
e  of  all  the  said 
by  his  Catholic 
r  the  advantage 
in  consequence 
liat  he  will  give 
said  colony  and 
stical  and  reli- 
i  the  enjoyment 
•  original  titles ; 
to  render  justice 
rd  and  maintain 
session  of  their 
dants  (ordonna- 
id  confirmed  by 
iping,  moreover, 
n  Louisiana  the 


how  France  could  abandon  a  colony  so  convenient  for  her 
European  and  West  Indian  trade.  They  saw  how  little  benefit 
it  could  be  to  Spain.  They  still  imagined,  so  much  did  they 
fear  a  chaiigc  of  government,  that  the  cession  of  Louisiana 
was  oidy  a  temporary  political  arrangement,  and  such  as  could 
conceive  it  to  be  real,  redoubled  their  ardor  to  increase  the 
revenue  in  the  hope  and  desire  of  laying  up  a  competence  in 
Europe.  Nobody  accordingly  thought  of  becoming  a  Span- 
iard, so  dear  is  country  to  every  virtuous  heart. 

Then  was  felt  what  encouragement  and  emulation  the  several 
objects  of  produce  would  have  done.  The  various  motives 
which  animated  the  colonists  all  concurred  to  the  same  end  ; 
industry  was  carried  to  its  highest  point;  machines  wero 
every  whore  raised  to  multiply  force  and  facilitate  works. 

Kevenucs  everywhere  doubled,  nay  tripled  in  some  places. 
Louisiana  indigo,  till  then  depressed,  equaled  that  of  St. 
Domingo  in  quality  and  value,  such  was  the  care  devoted 
to  its  manufacture.  More  expeditious  and  convenient  saw- 
mills considerably  increased  the  lumber  trade ;  cotton  was 
planted,  and  its  quality  tested  by  manufacture.*  All  took 
life,  and  the  colony  of  Louisiana  would  have  become  the 
richest,  most  populous  and  powerful  establishments  in  the 
New  Workl. 

same  marks  of  aflection  and  good- will  which  they  experienced  under  my  govern- 
ment, the  greater  elfecls  of  which  the  evils  of  war  alone  prevented  their  feeling. 
I  order  you  to  register  this,  my  present  letter,  in  the  superior  journal  at  New- 
Orhans  in  order  that  the  difft-rent  slates  of  the  colony  may  be  informed  of  its 
contents,  tliat  they  may  have  recourse  to  it  in  time  of  need.  The  present  letter 
having  nn  other  object,  I  pray  God,  M.  d'Abadie,  to  preserve  you  in  his  holy  keep- 
ing.— Given  ut  Versailles,  April  21,  1764, 

(Signed)     "  Louis. 
(Countersigned)    "  The  Dukb  de  Choisedl." 
•  Tndiiro  and  cotton  appear  to  have  been  the  only  staple  productions  of  Louisi- 
ana at  this  timi ,  although  sugar-cane  had  been  cultivated  by  the  Jesuits  as  early 
as  I'iUl. 

10 


r-;=r--,P^r'--Tsiiiy-l-  -^^^ 


i 

.f 

n  I 


fell 


146 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


We  read  in  the  memoirs  published  about  tliis  colony,  that  a 
great  number  of  Acadians  prepared  to  leave  New-England  to 
come  and  join  tlieir  countrymen  on  tlic  banks  of  the  Missis- 
sippi,  but  the  news  of  the  cession  of  Louisiana  to  Spain,  in- 
duced some  to  remain  where  they  were,  others  to  go  to  St. 
Domingo  or  Cayenne.    Many  took  refuge  in  France,  and  were 
Bcnt  to'corsica;  Canadian  families  were  on  their  way  to  settle 
in  Louisiana,  believing  it  still  French,  but  learning  the  change 
of  government  in  time,  settled  at  Detroit.     Yet,  who  would 
have  been  happier  than  the  Acadians,  had  they  chosen  to  avail 
themselves  of  the  offers  of  the  English  government?*    But 
their  love  of  country  rose  above  every  other  consideration;  they 
aspired  only  to  live  under  a  French  rule,  and  to  enjoy  it  faced 
the  greatest  dangers.     They  would  in  preference  have  gone  to 
Louisiana,  the  climate  of  which  was  more  like  that  of  Acadia. 
What  an  advantage  for  France!  what  a  population  for  Louisi- 
ana if  it  had  not  changed  rulers !    "  Happy,"  says  the  author 
of  one  of  these  memoirs,  "  Happy,  if  France  had  only  to  regret 
these  generous  citizens!"    But  the  total  loss  of  the  colony  of 
Louisiana  will  necessarily  foHow  its  cession  to  a  power  so  little 
fitted  to  turn  it  to  advantage. 

In  fact, if  we  examine  the.  Spanish  colonies,  what  do  we 
sec  ?  Misery  and  oppression  spread  over  a  few  wretched  set- 
tlers scattered  over  vast  territories,  rendered  deserts  by  the 
cruelties  of  that  nation ;  thousands  of  slaves  a  thousand  times 

.  This  is  mere  flattery  of  England.  There  is  scarcely  an  -\;f  ^;"f  7"^; 
ment  more  disgraceful  to  common  sense  and  common  humanity  than  her  treat- 
m  If  the  Acadians.  Williamson,  in  his  History  of  the  State  o,  Mame,  ha. 
Zn  a  thrilling  account  of  their  cruel  treatment  and  expuls.on  l.y  the  Enghsh 
Som  Acadia.  From  the  1st  of  January  to  the  15lh  of  May  about  s.x  hund  d 
and  fifty  arrived  at  New-Orleans.  Part  of  this  number  were  sent  to  form  settle- 
LentsTn  Attakapas  and  Opelousas,  and  the  remainder  settled  on  the  ba.J.8  of  the 
Mississippi,  which  is  to  this  day  called  the  Acadian  Coast. 


mSTORIOAL  MEMOIRS  OP  LOUISIANA. 


ur 


)ny,  that  a 
liigland  to 
;hc  Missis- 
Spain,  in- 

go  to  St. 
>,  and  were 
\y  to  settle 
the  change 
vlio  would 
len  to  avail 
!nt?*  But 
ation;  ttey 
joy  it  faced 
xve  gone  to 
;  of  Acadia. 

for  Louisi- 
3  tlic  author 
ily  to  regret 
le  colony  of 
wer  so  little 

ivhat  do  we 
rrctcbed  set- 
serts  by  the 
)usand  times 

t  of  her  govem- 
than  her  treat- 
te  of  Maine,  has 
I  liy  the  English 
out  six  hundred 
it  to  form  settle- 
the  banks  of  the 


more  unlmppy  than  the  most  abused  beasts,  for  they  arc  better 
able  to  know  the  extent  of  their  misery,  and  all  employed  in 
wringing  from  the  bowels  of  the  earth  the  contemptible  metals 
which  drew  that  nation  to  the  new  world.  The  men  whom 
they  pretend  to  call  free  in  Spanish  colonies  arc  born  serfs  to 
every  man  sent  to  command  in  the  name  of  His  Catholic 
Majesty,  and  who  all  successively  become  gorged  with  the 
blood  of  those  whom  they  harass  and  oppress.  By  abusing 
the  power  confided  to  them,  these  tyrants  become  arbitrary, 
and  the  wretch  who  dares  complain  or  mourn  soon  falls  a 
victim  for  his  natural  feelings. 

Is  it  possible,  that  under  a  just  king,  engaged  in  Europe  in 
elevating  the  well-being  of  his  states'and  extending  abundance 
and  fertility,  not  one  generous  soul  can  be  found  to  carry  to 
the  foot  of  his  august  throne  the  cries  of  the  wretched  inhabi- 
tants of  his  colonies  ?  The  picture  that  eoukl  be  drawn  of  the 
horrible  vexations  to  which  they  are  subjected,  would  touch 
his  great  and  magnanimous  soul,  but  cupidity  carefully  keeps 
aloof  the  man  bold  enough  to  address  the  monarch  in  accents 
of  truth.  For  soon  would  follow  the  destruction  of  the  means 
which  the  rapacity  of  his  officers  finds  of  sating  itself  in  the 
blood  of  the  wretches  whom  it  overwhelms  with  misery.  There 
are  too  many  interested  in  maintaining  them. 

This  picture,  which  the  sight  of  the  Spanish  colonies  daily 
presents  to  the  people  of  Louisiana  in  still  more  odious  colors, 
was  brought  to  New-Orleans  with  the  announcement  of  the 
speedy  arrival  of  the  Spaniards.  The  general  terror  would 
necessarily  call  up  the  patriotic  feelings  which  attach  French- 
men to  their  king,  and  in  general  every  man  sensible  to  a 
government  which  watches  over  its  happiness  and  well-being. 
We  shall  see  the  effects  in  the  third  part  of  this  work,  which 


J 


% 


148 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


will  comprise  the  interval  between  >ho  arrival  of  Dc  Ulloa 
and  that  of  O'Reilly.  It  is  unhappily  the  period  of  the  deca- 
dence of  Louisiana.  It  had  since  the  peace  enjoyed  some 
splendor  only  to  prove  itsolf  susceptible  of  it.  Wo  shall  see 
its  nattering  hopes  vanish,  like  the  flash  of  lightning  followed 
by  the  storm. 


-i.f,:>te-v  r^i. — ^rf.--,-- 


(HJ3C.'4p,\i,-gS^;*»£^e^>: 


.  t:a^^r-«,  :-i-  ,-.--.-^3?r«j:::?*Ji-:^:i^  ■■^^-«- 


HISTORICAL  MEMOIRS  OP  LOUISIANA. 


149 


fDcUlloa 
the  deca- 
)yed  somo 
0  shall  see 
g  followed 


THIRD  PART. 

WHAT   LOUISIANA  WAS    FROM    TUB    AKRIVAL   OK   THE   SPANIAKDS    TO    TUB 

YEAR  1771. 


SECTION   I. 

FROM  THE  ARRIVAL  OF  ULLOA  TO  HIS  DEPARTURE. 

WHEN  posterity  shall  cast  a  serious  glance  on  preceding 
ages,  and  a  natural  feeling  of  justice  and  humanity  shall 
fix  their  attention  on  the  events  which  I  have  now  to  relate, 
they  will  scarcely  believe  that  an  age  as  polished  as  ours  could 
have  produced  acts  of  such  cruel  severity;  they  will  confront 
epochs,  and  be  tempted  to  ascribe  facts  so  incredible  to  those 
barbarous  times  when  the  human  heart,  abandoned  to  itself, 
■was  capable  of  the  most  sanguinary  acts. 

When  posterity  shall  read  that  a  judgment  so  iniquitous  and 
so  full  of  inhumanity  as  that  pronounced  against  some  inhabit- 
ants of  Louisiana,  issued  from  a  court  where  somo  enlighten- 
ment and  philosophy  too  are  reigning,  they  Avill  doubt  the 
authenticity  of  the  facts,  or  at  least  will  draw  the  reflection  of 
the  wise  man  on  the  misery  inseparable  from  the  throne. 

"  Truth  never  approaches  it ;  daily  deceived  by  those  around 
him,  the  best  king  commits  the  evil  he  abhors,  and  lets  the 
guilty  go  unpunished,  innocent  in  his  belief,  while  desolated 
families  mourn  the  death  of  the  just  man." 

With  the  torch  of  truth  in  my  hand,  I  am  about  to  mark 
with  care  the  steps  of  those  noble-hearted  men  whose  patriot- 
ism  I  can  never  sufficiently  praise ;   of  those  men,  whose 


I 


i 

■I  (■ 

i 


if 


I! 


[     \ 


i 


:  I 


150 


HISTORICAL  MEMOIRS  OP  LOUISIANA. 


virtues,  firmness  and  magnanimity  will  ever  be  an  honor 
to  our  race — of  those  men  whom  a  barbarous  animosity  seems 
to  have  chosen,  that  the  splendor  of  their  merit  might  make 
it  more  remarkable.  So,  in  u  numerous  herd,  the  fattest 
and  best-looking  are  selected  for  sacrifice.  So,  in  his  garden, 
the  cruel  Koman  struck  down  the  poppy-heads  that  nature 
had  raised  above  the  others.  Sad  emblem  of  that  reflective 
cruelty  which  the  world  calls  prudence  and  policy,  but  which 
the  wise  man  more  justly  deems  barbarity. 

However,  let  us  first  relate  the  facts  which  usher  in  that 
cruel  event. 

A  year  had  elapsed  since  the  receipt  of  the  king's  letter  an- 
nouncing the  cession  of  Louisiana,  when  Don  Antonio  de  UUoa 
wrote  from  Havana  to  the  superior  council  at  New-Orleans  a 
letter,  in  which  he  assumed  the  title  of  Governor  of  Louisiana, 
— announcing  the  protection  of  a  beneficent  king  was  prepar- 
ing all  hearts  to  gratitude,  and  such  was  the  feeling  which  pre- 
pared the  brilliant  reception  given  to  UUoa. 

A  man  threatened  with  a  great  danger  believes  that  he  has 
escaped  as  soon  as  he  sees  the  least  help,  no  matter  how  bar- 
barous the  hand  that  profiers  it.  Such  was  the  position  of  the 
inhabitants^of  Louisiana.*  They  justly  shuddered  at  the  cruel- 
ties and  vexations  with  which  the  Spanish  colonies  were  op- 

*  Vlloa  to  the  Superior  Council. 
"  Gentlemen, — Having  lately  received  orders  from  his  Catholic  majesty  to 
repair  to  your  city  and  take  possession  of  it  in  his  name,  and  in  conformity  there- 
with, I  avail  myself  of  this  occasion  to  acquaint  you  with  my  mission,  and  to 
give  you  notice  that  I  shall  soon  have  the  honor  of  coming  among  you  to  fulfill 
this  commission.  I  flatter  myself  in  anticipation,  that  it  will  afford  me  a  favor- 
able occasion  to  render  all  the  service  that  you  or  the  colonists  can  desire,  of 
which  I  beg  you  to  assure  them  that  in  this  1  will  but  discharge  my  duty  and 
gratify  my  inclinations. 

"  I  have  the  honor  to  be,  &c., 

"  Antonio  »■  Ulloa." 
"Havana,  Jtt/j/ 10,  1765." 


i;.;^f-i?  : 


.';;-l7J;-..   it  ■ 


an  honor 
osity  seems 
[light  make 

the  fattest 
his  garden, 
that  nature 
^.t  reflective 
,  but  which 

her  iu  that 

;'s  letter  an- 
aio  de  UUoa 
w-Orleans  a 
F  Louisiana, 
was  prepar- 
>•  which  pre- 

that  he  has 
er  how  bar- 
sition  of  the 
at  the  cruel- 
ies  were  op- 


olic  majesty  to 
inforniity  there- 
mission,  and  to 
ig  you  to  fulfill 
brd  me  a  favor- 
8  can  desire,  of 
e  my  duty  and 

&o., 

)  DE  UlLOA." 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


151 


pressed;  but  an  animal  to  be  broken  to  the  yoke  must  be 
petted  for  a  time.  No  one  expected  that  the  first  years  of  this 
domination  would  not  be  stamped  with  beaeficence  and  equity. 
Hope  the  faithful  companion  of  desire,  showed  a  retreat  to 
Europe  as  an  easy  thing  at  the  end  of  a  few  years,  and  it  was 
supposed  that,  at  the  moment  of  taking  possession,  a  term 
would  be  fixed  for  those  who  should  decide  to  leave  the 

country. 

The  entry  of  the  Spanish  governor  was  too  flattering  not  to 
seduce  three-fourths  of  the  colonists,  but  sensible  men  easily 
discovered  the  poison  under  the  honey.  Some  superstitious 
minds  viewed  as  an  ill  omen  the  thunder  and  lightning  which 
accompanied  the  Spaniards  from  their  entrance  into  the 
river  till  their  arrival  at  New-Orleans.  We  leave  to  ages 
of  ignorance  these  auguries  and  omens;  our  business  is  with 

facts. 

'  They  sufficed  to  strike  terror  into  the  firmest  minds.  Polite- 
ness, courtesy,  civility,  nothing  was  spared  to  prove  to  Ulloa- 
the  desire  of  corresponding  to  the  happy  intentions  which  he 
manifested.  The  Creole,  naturally  good,  credulous,  generous 
and  sensible,  carried  his  attentions  even  to  meanness.  Per- 
haps this  conduct  excited  the  interior  contempt  of  a  man  who 
had  imbibed  all  the  Spaniard's  hatred  for  other  nations,  and 
especially  the  French.  It  and  his  character  soon  appeared  m 
their  true  colors  in  this  way. 

Don  Antonio  de  Ulloa,*  a  man  to  whom  knowledge  and 

»Don  Antonio  de  UUoa  was  descended  from  a  family  distinguished  in  the 
mariUme  annals  of  his  country.    He  was  born  in  Seville,  on  the  12th  of  January 
mtZ  entered  the  navy  at  a  very  early  age.     The  first  — ^^  ^P^*^^ 
tion  n  which  he  served  was  that  which  was  sent  out  by  franco  and  Spam  to 
measurran  arc  of  the  meridian  at  the  equator,  to  determine  the  configuration  of 

%rrlrned  to  Spain  in  1746,  and  in  two  years  afterwards  published  his 


J 


__„!>■(.  ^^.■.=  .*i.;_S7J/;..     TJ  ■ 


152 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


erudition  were  ascribed,  Lad  not  the  proper  ♦alenta  for  manag- 
ing men.  He  had  not  penetration  enough  to  know  them,  nor 
impartiahty  enough  to  avoid  injustice  or  correct  a  false  judg- 
ment, lie  had  not  that  amenity,  that  mildness,  that  engaging 
way  which  gains  all  hearts,  and  above  all  a  Frenchman's.  He 
had  not  that  happy  combination  of  severity  and  clemency 
which  can  punish  or  pardon  in  reason.  Obstinate,  nothing 
was  better  than  his  own  plans ;  violent,  he  confounded  in  his 
rage  all  those  he  dealt  with  ;  imperious,  his  will  was  law  ; 
minute  in  his  projects,  vexatious  in  their  execution,  arr6gant 
when  yielded  to,  timid  and  supple  when  resisted,  inconsiderate 
in  his  plans,  destitute  of  dignity,  of  generosity,  shut  up  in  his 
cabinet,  appearing  only  to  disoblige.  Such  was  the  man  in 
soul.  In  body  it  would  be  hard  to  be  thinner  or  smaller  than 
Ulloa;  a  sharp,  weak  voice  announced  his  disposition.     His 

"  Historical  Relation  of  a  Voyage  to  South  America."  Shortly  after,  he  was  pro- 
moted to  a  captaincy  in  the  navy,  and  set  out  on  a  tour  through  Europe  by  order 
of  the  king.  On  Charles  III.  ascending  the  throne,  he  was  promoted  to  the  com- 
mand of  a  fleet  to  the  East  Indies.  He  returned  to  Spain,  and  was  appointed 
to  the  government  of  Louisiana.  On  the  5th  of  March,  1766,  he  arrived  at  New- 
Orleans.  Acting  with  his  usual  benevolence,  the  king  instructed  Ulloa  not  to 
make  any  changes  in  the  laws  and  usages  of  the  province,  and  so  desirous  was 
Ulloa  to  conciliate  those  over  whose  destinies  he  had  come  to  preside,  that  on 
his  arrival  he  promised  to  keep  at  a  fixed  rate  the  depreciated  paper  of  the  coun- 
try, which  now  amounted  to  about  seven  millions  of  livres.  He  likewise  ascer- 
tained the  wants  and  resources  of  the  country,  and  agreed  to  discharge  the  most 
pressing  demands  against  it. 

On  the  Cth  of  May,  Spain  issued  a  decree,  permitting  a  direct  commerce  be- 
tween Louisiana  and  the  French  islands.  The  colonists,  however,  became  dis- 
satisfied with  subsequent  commercial  restrictions,  which  produced  a  great  ex- 
citement in  the  colony,  and  Ulloa  had  to  flee  for  safety  to  the  Balizo.  Here  he 
eflected  an  arrangement  with  Aubry,  the  nominal  French  governor,  to  deliver 
the  province  up  to  him,  which  was  accordingly  done.  A  greater  part  of  the  year 
passed  away  in  comparative  quiet,  but  a  secret  conspiracy  had  been  set  on  foot 
to  drive  him  from  the  province  ;  among  whom,  were  Lafreniere,  Foucault,  Mar- 
quis, Noyan,  Viller6,  Milhet,  Petit,  Caresse,  Poupct  and  Boisblanc. 

On  the  28th  of  October,  a  petition  was  signed  by  about  six  hundred  persons, 

demanding  restoration  of  some  ancient  rights  and  liberties,  and  the  expulsion  of 

he  Spaniards  from  the  country.     This  was  presented  to  the  superior  council, 


.;.y---J^-I^i/-'--;', 


-•  -  ^-^  .jfffti'>ii.^-»Sa* 


1 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


168 


features,  though  regular,  had  something  false  withal ;  large  eyes, 
always  bent  on  the  ground,  darted  only  stealthy  glances,  seek- 
ing to  see  and  be  unseen.  A  mouth,  whose  forced  laugh  an- 
nounced knavery,  duplicity  and  hypocrisy,  completes  the  por- 
trait  of  Don  Antonio  de  Ulloa. 

Let  us  have  the  French  governor's  to  act  as  companion- 
piece.  A  knowledge  of  a  man's  natural  disposition  often 
enables  us  to  judge  a  man's  actions  more  certainly  than  we  can 
judge  character  by  actions  often  misrepresented.  M.  Aubry 
was  a  little,  dry,  lean,  ugly  man,  without  nobility,  dignity  or  car- 
riage. His  face  would  seem  to  announce  a  hypocrite,  but  in 
him  this  vice  sprang  from,  excessive  goodness,  which  granted 
all,  rather  than  displease ;  always  trembling  for  the  conse- 
quences of  the  most  indifferent  actions,  a  natural  effect  of  a  mind 
without  resource  or  light ;  always  allowing  itself  to  be  guided, 

who  issued  a  decree  that  Uiloa  and  the  Spanish  troops  should  leave  the  colony 
in  three  days.     On  the  evening  of  the  ZUt  of  October,  Uiloa  embarked  with  all 
his  troops  and  sailed  for  Cadiz,  where  he  arrived  on  the  4th  of  December,  1768. 
Here  he  wrote  an  account  of  all  that  had  transpired  to  the  Marquis  of  Gnmaldi. 
Aubry,  the  French  governor,  also  wrote   a  dispatch  to  the   same  minister, 
stating,  that  "  notwithstanding  his  great  learning,  Ulloa  was  not  the  proper  per- 
son to  govern  Louisiana-for,  instead  of  endeavoring  to  gain  the  hearts  of  the 
colonists,  he  did  every  thing  to  alienate  them  ;  while  Foucault  wrote  that  Ulloa 
committed  every  day  some  act  of  inhumanity  or  despotism.     The  superior  coun- 
cil represented  to  the  Duke  de  Praslin  that  through  the  misdeeds  of  Ulloa  the 
colony  had  been  thrown  into  a  state  of  beggary  and  starvation,  and  by  malicious 
and  restrictive  legislation  they  were  prevented  from   aciuiring  the  means  to  pay 
their  debts.     They  concluded,  by  supplicating  the  king  to  retake  possession  of 
the  colony  and  annul  the  treaty  of  cession.     Atter  Ulloa  retuincd  to  Spain  he 
was  promoted  to  the  grade  of  lieutenant-general  of  the  royal  navies  ol  Spam. 
He  died  in  the  island  of  Leon,  on  the  3d  of  July,  179.5,  at  the  advanced  age  of 
eighty.      He  published,  in  1772,  a  work  entitled  "  Noticias  Americanas  ;"  and 
in  1773,  a  valuable  work  on  the  Naval  Forces  of  Europe  and  Africa.     Townsond, 
who  visited  him  a  short  time  before  his  death  in  Cadiz,  represent,  d  him  as  a 
true  philosopher,  full  of  wit  and  learning,  sprightly  in  conversation,  and  of  elegant 
manners.     The  diircrcnt  points  of  his  character  have  been  discussed  by  Gayarro 
in  his  admirably  written  History  of  Louisiana,  from  which  this  sketch  has  been 
in  part  drawn  up. 


'  -  ^-^  ^m^{'^-i^^;4£M 


[ 


J 


154 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


and  thus  often  swerving  from  rectitude  in  conduct ;  religious 
tbrougli  weakness  rather  than  from  principle ;  incapable  of 
wishing  evil,  but  doing  it  through  a  charitable,  human  weak- 
ness; destitute  of  magnanimity  or  reflection;  a  good  soldier, 
but  a  bad  leader;  ambitious  of  honors  and  dignity,  but  possess- 
ing neither  firmness  nor  capacity  to  bear  the  weight. 

Su(;h  is  the  portrait  of  the  two  men  who  ruined  Louisiana, 
the  one  through  malice,  the  other  by  weakness ;  the  Spaniard 
from  hatred  and  animosity,  the  Frenchman  by  ignorance  of  his 
powers  and  what  he  owed  to  the  position  be  filled. 

Let  us  see  them  in  action. 

The  first  act  which  should  have  followed  Ulloa's  arrival  in 
New-Orleana  was  the  taking  possession  of  Louisiana  in  the 
name  of  the  Spanish  king ;  but  eighty  wretched  soldiers  whom 
he  had  brought  with  him  were  not  in  his  eyes  a  sufficiently  re- 
spectable force  to  control  a  colony  of  which  he  had  already  con- 
ceived a  most  unfiivorable  idea,  and  this  was  the  pretext  which 
he  gave  when  called  upon  to  take  possession.  An  offer  was 
made  to  let  the  French  troops  remain  in  Spanish  pay,  but  the 
soldiers  demanded  their  discharge.  The  term  of  their  engage- 
ment was  already  tripled,  and  they  could  not  without  injustice 
be  made  to  serve  another  prince ;  they  were  accordingly  left  in 
the  French  pay,  because  Ulloa  threatened,  in  case  they  persisted 
in  pressing  him  to  take  possession,  to  leave  and  report  to  the 
king,  his  master,  the  reasons  of  his  retirement. 

Aubry,  fearful  of  prejudicing  the  courts  of  Versailles  and 
Madrid  against  him,  if  he  pressed  it,  acquiesced  in  all  that 
Ulloa  wished,  abstained  from  pressing  the  act  of  taking  posses- 
sion, and  let  himself  be  guided  completely  by  that  man's 
caprice. 

Examine  the  memoirs  published  on  the  revolution  which 
took  place  in  that  country,  and  we  see  Aubry  acting  as  ser-     ^ 


^^m^ 


-.ti»jMcia^?..»-jj«a:aai"- 


k;  religious 
ncapable  of 
imnn  weak- 
ood  soldior, 
but  possess- 
t. 

I  Louisiana, 
le  Spaniard 
irance  of  his 


5  arrival  in 
ana  in  the 
diers  whom 
DB,ciently  re- 
ilready  con- 
etext  which 
m  offer  was 
ay,  but  the 
leir  engage- 
)ut  injustice 
ingly  left  in 
ey  persisted 
eport  to  the 

rsailles  and 
in  all  that 
liing  posses- 
that  man's 

* 

ition  which 
ting  as  ser-     ^ 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


155 


geant-raajor,  and  often  as  valet  to  Ulloa.  We  see  him  blindly 
follow  his  will,  and  obey  him  as  eagerly  as  he  would  a  supe- 
rior. At  every  step  we  see  this  French  governor  and  his 
authority  exposed  to  humiliation  and  the  contempt  of  an  arro- 
gant Spaniard.  Meanwhile,  the  French  troops  continued  to 
act  under  their  national  flag ;  the  eighty  Spanish  soldiers  were 
in  barracks  and  unemployed.  The  council  acted  in  the  name 
of  the  French  king,  and  it  appeared  natural  that  till  possession 
was  taken  all  orders  should  emanate  from  Aubry.  The  whole 
colony  turned  to  him  ;  when  anything  was  asked  of  Ulloa  he 
put  it  off  till  after  the  taking  possession,  and  that  moment  was 
considered  as  that  of  the  change  of  government. 

The  Spaifiard's  delay  in  taking  this  authentic  and  necessary 
step  left  a  hope  that  he  would  sicken  his  country  of  a  colony 
which  he  every  day  repeated  was  unfit  for  Spain,  and  this  hope 
stifled  some  of  the  groans  which  his  conduct  would  otherwise 
have  elicited. 

When  Ulloa  was  sufficiently  certain  that  his  threats  had 
alarmed  the  feeble  mind,  and  his  promises  seduced  the  inter- 
ested heart  c  t  Aubry,  he  no  longer  kept  up  appearances.  If 
he  neede  \  a  conference  with  the  French  governor,  ho  sent 
a  sergeant  or  a  negro  for  him ;  if  he  spoke  to  him,  it  was  with 
the  arrogance  of  an  insolent  superior.  Once  only  Aubry, 
.  moved  by  his  impertinence,  resented  it.  The  supple  Spaniard 
at  once  bent  and  yielded,  to  resume  soon  after,  with  more  assu- 
rance than  ever,  an  empire  which  he  feared  to  dispute  too 

long. 

The  colony  witnessed  with  lively  indignation  Aubry,  daily 
for  hours  together,  awaiting  in  Ulloa's  ante-chamber,  until  the 
moment  when  the  haughty  man  should  deign  to  appear. 
Authority  was  weakened,  the  royal  dignity  dishonored  in  the 
man  appointed  to  sustain  it.    All  the  French  were  mortified 


156 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


at  this  humiliation,  and  when  it  falls  on  hearts  unused  to  it,  it 
inspires  rage  and  fury,  if  vengeance  is  not  prompt  enough. 

Ulloa  daily  extended  his  powers,  and  Aubry  kept  only  a 
shadow  of  authority  ;*  and  this  went  so  far  that  it  was  impos- 
sible to  distinguish  which  was  the  head.  Each  gave  orders  ; 
yet  i^.iibry  oft<:in  sent  men  to  Ulloa,  and  the  Spaniard  always 
affected  to  leave  the  whole  authority  to  Aubry,  always  say- 
ing that  he  had  not  taken  possession.  He  had,  however,  per- 
B  laded  the  court  of  the  contrary  in  this  way  : 

An  act  was  passed  between  Aubry  and  Ulloa,  by  which  the 
former  certified  that  he  had  resigned  to  the  latter  the  colony  of 
Louisiana  agreeably  to  the  orders  of  the  king,  his  master,  and 
in  virtue  of  the  powers  received  by  said  Ulloa  frcSm  his  court. 
This  act  was  signed  by  the  two  governors  in  duplicate,  and 
was  to  be  exchanged  to  the  two  courts. 

It  will,  perhaps,  be  imagined  that  this  treaty  was  made  pub- 
lic, read,  posted  up,  and  attended  with  all  the  formalities  that 
announce  a  change  of  government.  Not  at  all.  The  inhabit- 
ants of  Louisiana  had  not  even  on  this  occasion  the  necessary 
satisfaction  given  to  a  sold  slave,  that  of  knowing  the  moment 
when  he  was  to  obey  his  new  master.  M.  Aubry  communi- 
cated this  iniquitous  and  informal  act  to  only  two  persons, 
after  pledging  them  to  the  most  profound  secrecy,  and  they 
divulged  it  only  afler  the  revolution.  But  it 'is  not  e^ugh  to 
have  put  this  invalid  and  unjust  act  before  the  reader ;  but  let 
us  hear  from  Aubry's  own  lips  the  means  employed  by  Ulloa 
to  extort  it. 

"  Ulloa,  intimidated  by  the  representations  of  the  merchants 
to  the  council,  and  by  some  threats  purposely  pronounced  in 

•  We  shall  hereaflor  eee,  however,  Aubry  avowing  in  open  council,  that 
Ulloa  had  never  shown  him  anything  but  a  letter  of  M.  de  Grimaldi,  in  Spanish, 
a  language  that  Aubry  did  not  understand,  and  this  letter  announced  to  Ulloai 
as  he  explained  it,  his  appointment  as  Governor  of  Louisiana. 


T 


h 
t 

I 
c 

s 


''-!s,-£>S'M&^5^.^^= 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


157 


sed  to  it,  it 
nough. 
ept  only  a 
ivas  impos- 
ie  orders ; 
,rd  always 
ways  say- 
vevcr,  per- 

which  the 
e  colony  of 
naster,  and 
1  his  court, 
(licate,  and 

made  pub- 
alities  that 
he  inhabit- 
e  necessary 
he  moment 
'  communi- 
iTO  persons, 
■,  and  they 
;  cftDugh  to 
ler ;  but  let 
d  by  Ulloa 

!  merchants 
lounced  in 

1  council,  that 
Ji,  in  Spanish, 
need  to  Ulloa  > 


his  hearuig,  retired  to  the  Balizo,  which  is  at  the  mouth  of 
the  river,  thirty-two  leagues  from  the  capital.     I  received  a 
letter  from  him,  in  which  he  informed  me  that  ho  had  matters 
of  the  greatest  importance  to  communicate.  I  at  first  hesitated 
as  to  abandoning  my  government,  but  circumstances,  it  seemed 
to  me,  required  this  step  on  my  part,  and  I  went  to  the  Balize. 
Ulloa  represented  to  me  that  the  two  courts  would,  perhaps, 
take  it  amiss  that  possession  had  not  yet  been  taken,  and  I 
knew  it  was  impossible  for  him  to  take  it ;  that,  accordingly,  to 
satisfy  both  monarchs  he  begged  me  to  sign  an  act  which  ho 
proffered,  by  which  I  certified  that  I  transferred  the  colony  to 
him  by  virtue  of  the  powers  I  had  from  my  court  and  he 
from  his.     So  informal  a  transaction  shocked  me,  and  I  in- 
sisted on  an  authentic  taking  of  possession,  which  could  be 
ignored  by  none — such,  in  a  word,  as  good  sense,  custom  and 
the  law  of  nations  required,     Ulloa  tried  to  convince  me  of  its 
inutility ;  I  insisted.     He  then  promised  to  take  possession  as 
soon  as  he  returned  to  town,     I  was  some  days  irresolute. 
Ulloa  was  continually  after  me ;  at  one  time  he  entreated,  at 
another  he  threatened  to  complain  of  my  refusal.      I  was 
greatly  embarrassed ;  but  I  at  last  accepted  a  proposal  he  made 
me,  and  which  seemed  to  fulfil  the  object  of  the  publicity.     I 
signed  the  act  in  question,  on  condition  that  the  act  of  taking 
should  be  performed  publicly  on  his  return  to  town,  and  that 
the  act  passed  between  us  should  be  read  publicly  before  the 
garrison  of  Balize,  which  was  to  be  immediately  relieved  by  a 
Spanish  detachment." 

Have  you  never  seen  a  school-boy  threatened,  coaxed,  fright- 
ened, by  a  severe  master,  to  do  something  he  required?  The 
child  resists,  cries,  is  stubborn,  but  yields  at  last,  but  under 
conditions  that  seem  to  him  a  complete  victory  gained  over  hia 


158 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


-v 


master.    Such  was  M.  Aubry  before  Ulloa.    But  let  us  con- 
clude the  French  Governor's  account. 

"  The  act  passed  between  us,"  continues  Aubry,  "and  it  wus 
agreed  that  each  should  send  a  copy  to  his  court.  I  gave  orders 
to  M.  dc  Lorme,  a  French  officer  commanding  at  the  Balizc,  to 
have  his  troops  under  arms  next  day  at  eight  o'clock.  Ulloa 
gave  the  same  order  to  the  Spanish  officer,  who  had  accom- 
nied  him  with  a  detachment ;  but  at  daybreak  Ulloa  enter- 
ed my  room  to  tell  me  that  it  was  useless  to  read  the  act 
before  the  troops  at  the  Balizc,  as  he  would  soon  go  to  town. 
I  countermanded  the  order  given  to  the  French  officer,  and  ho 
did  the  same  with  the  Spanish  officer.  The  next  day  I  return- 
ed to  town,  leaving  Ulloa  at  the  Balizc." 

Soon  after,  difficulties  arose  between  the  Spanish  governor 
and  the  French  officer  commanding  at  the  Balize.  The  latter 
had  orders  from  Aubry  to  obey  Ulloa  as  himself,  in  con- 
sequence of  which  the  orders  of  Ulloa  were  obeyed.  He 
changed  the  position  of  Balizc  and  placed  it  on  the  left 
bank  of  the  river,  proceeded  there  and  raised  the  Spanish 
flag.*  The  French  flag  floated  on  the  other  side,  where  the 
French  officer  and  his  detachment  still  continued. 

During  his  stay  at  the  Balize,  Ulloa  sent  twelve  boats,  loaded 
with  troops  and  munitions,  to  go  and  take  possession  of  the 
posts  in  the  Illinois.  The  whole  colony  was  amazed  at  this 
infraction  of  received  usages.    Nothing  seemed  more  extraor- 

♦  Balize  was  the  port  at  the  entrance  of  the  Mississippi  on  the  west  side  in 
French  times.  Ulloa  took  it  into  his  head  to  change  this  post,  or  rather  to  establish 
another  on  a  little  island,  to  which  he  gave  the  pompous  name  of  Real  Catolico 
San  Carlos.  This  island,  like  all  others  at  the  mouth  of  the  Mississippi,  was 
not  permanent,  but  exposed  to  the  ravages  of  the  sea  and  river.  Ulloa  under- 
took to  make  it  solid,  and  spent  .£25,000  in  his  attempt,  half  of  which  was  a 
dead  loss. 


'*t«^^-~^-" 


et  us  con- 

and  it  wiiS 
avc  orders 
I  Btilizc,  to 
3k.  Ulloa 
lad  accom- 
lloa  enter- 
td  the  act 
;o  to  town, 
jer,  and  ho 
<f  I  return- 

1  governor 
The  latter 
If,  in  con- 
eyed.  He 
n  the  left 
le  Spanish 
where  the 

)ats,  loaded 
sion  of  the 
;ed  at  this 
Te  extraor- 

c  west  side  in 
ler  to  establish 
Real  CatoUco 
ssissippi,  was 
Ulloa  under- 
r  which  was  a 


HISTORICAL  MEMOIIUS  OF  LOUISIANA. 


169 


dinary  than  to  see  two  different  governments,  two  flags,  and 
two  commanding  officers  in  the  same  country.*  The  colonists 
went  to  Aubry,  who  pacified  them,  by  saying  that  ho  was  to 
retain  command  till  possession  was  taken,  which  Ulloa  would 
do  as  soon  as  he  came  from  the  Balize.  This  moment  was 
always  deferred.  "  The  trooi)s,"  said  the  Spaniard,  "  were  on 
the  way,"  in  fact,  at  Havana,  as  he  pretended,  although  it  is  an 
indisputable  fact  he  knew  that  at  that  port  there  were  only 
fifteen  or  twenty  men  for  Louisiana,  intended  to  replace  as 
many  dead  or  deserted. 

•This  comlilion  of  things  is  confirmed  by  Aubry's  dispatch  to  the  French 
government,  dated  20lh  of  January,  1768.  "  I  command,"  says  Aubry,  "  for  the 
King  of  France,  at  the  same  time  I  govern  the  colony  as  if  it  belonged  to  the 
King  of  Spain.  A  French  commander  is  gradually  moulding  Frenchmen  to 
Spanish  domination.  The  Spanish  governor  urges  mc  to  issue  ordinances  in 
relation  to  the  police  and  commerce  of  the  country,  which  takes  the  people  by 
surprise,  considering  that  they  are  not  used  to  such  novelties.  The  Spanish  flag 
is  now  waving  at  the  extremities  of  the  province.  It  is  at  the  Balize,  at  Mis- 
souri, on  the  banks  of  Iberville  River,  and  opposite  Natchez.  M.  Ulloa  has  just 
established  these  posts,  which  was  done  peaceably.  It  has  produced  no  change 
in  our  posts,  which  still  continue  in  existence.  So  that,  in  all  those  which  are 
on  the  banks  of  the  Mississippi,  from  the  Balize  to  the  Illinois,  the  French  flag 
is  kept  up  as  before." 

Again,  in  another  dispatch,  Aubry  says  :    "  The  governor  whom  His  Catholic 
Majesty  has  sent  here,  is  a  man  full  of  merit,  of  learning  and  of  talents  ;  but  as  an 
exception  to  the  well-known  temperament  of  his  nation,  ho  is  exceedingly  hasty, 
and  it  seems  to  me,  that  he  does  not  listen  suflicicntly  to  the  representations 
addressed  to  him      It  is  a  cause  of  discontent  in  those  who  have  business  with 
him.     I  had  wished  that  the  oflicer  sent  to  take  command  of  this  government 
had  possessed  the  art  of  managing  the  public  mind,  and  of  gaining  the  hearts  of 
the  inhabitants.     Men  arc  not  to  be  ruled  with  haughtiness  and  pride,  with 
threats  and  punishments.     Marks  of  kindness  and  benevolence,  with  judicious 
promises,  would  have  been  necessary  to  reconcile  the  colonists  to  the  exchange 
of  dominion  which  has  come  upon  them.     This  was  the  only  course  to  be  pur- 
sued, in  order  to  win  the  affection  of  new  subjects  who  regret  their  former  master. 
"  If  the  Spaniards  do  not  act  with  mildness,  and  if  they  attempt  to  govern  this 
colony  like  a  Mexican  one,  most  of  the  people  will  abandon  their  lands,  and  cross 
over  to  the  English,  who  are  on  the  opposite  side  of  the  river.     Thus,  in  a  few 
years,  the  Spanish  part  of  Louisiana  will  become  a  desert."    He  concluded  with 
informing  the  French  court  that  the  measures  taken  by  Ulloa  were  not  calculated 
to  give  popularity  to  the  Spanish  govemnient. — Gayane. 


(Y 


ISO 


HISTORICAL  MEMOIRS  OP  LOUISIANA. 


M  i 


Who  docs  not  feel  indignant  at  such  conduct  ?  What  base, 
mean  trickery !  And  yet  it  was  on  this  illegal  act  only  that 
O'Kcilly  was  to  judge  as  Spaniards,  men  who  had  been  ceded 
without  being  told  of  it.  But  all  I  have  thus  far  related  is 
only  a  slight  sketch  compared  to  what  remains  for  me  to  tell, 
or  to  omit,  as  I  may  think  best. 

Money  at  last  came  from  Havana.  Ulloa  knew  that  the  non- 
payment  of  the  troops  had  caused  some  murmuring ;  he  hoped, 
by  appeasing  them,  to  be  able  to  appear  in  town  with  a  little 
more  security  for  his  life ;  for,  according  to  the  idea  which  he 
had  formed,  he  was  in  constant  fear  that  the  colonists  would 
make  an  attempt  on  it.*  " 

On  returning  to  the  city  he  was  as  polite  as  possible, 
flattered  them  with  the  fondest  hopes,  announced  advantage- 
ous projects,  which  he  never  entertained,  read  letters  of  con- 
gratulation on  the  conduct  of  the  colonists  towards  him,  re- 
ceived, as  he  pretended,  from  the  court.  He  flattered  cupidity, 
promised  to  take  possession  soon,  auJ  somewhat  restored  calm 
in  the  public  mind.  But  this  calm  lasted  only  as  long  as  he 
could  contain  his  temper,  and  above  all  his  hatred  and  con- 
tempt for  the  French. 

In  spite  of  the  complaints  which  Ulloa  repeated  a  thousand 
times,  he  never  received  from  the  inhabitants  anything  but 
politeness,  deference  and  respect.  Complaints  and  murmurs 
were  carried  to  Aubry,  who  appeased  them,  exhorted  all  to 
patience,  assuring  them  that  the  French  court  was  informed  by 
all  his  letters  of  the  just  ground  on  which  the  colonists  had 
based  their  complaints. 

Meanwhile,  tyranny  was  gradually  being  established  and 

*  This  fear  was  pardonable  in  a  man  who,  if  we  believe  public  report,  had  been 
obliged  to  escape  by  night  from  a  town  he  commanded  in  I'eru,  on  hia  hearing 
that  the  discontented  inhabitants  wished  to  burn  him  in  his  house. 


-j:gtgr_,:ii:,  :";fe^jgi^.i" 


Ill,jll.l^ll 


IIISTOUICAI-  MKMOIIW  OF  LOnSIAXA. 


161 


rhat  base, 
only  that 
sen  ceded 
related  is 
tne  to  tell, 

it  the  non- 
lie  hoped, 
Lh  a  little 
,  which  he 
ists  would 

I  possible, 
idvantagc- 
iTS  of  con- 
Is  him,  re- 
:1  cupidity, 
torcd  calm 
long  as  he 
1  and  con- 

j,  thousand 
lathing  but 
L  murniurs 
rted  all  to 
iformed  by 
onists  had 

lished  and 


port,  had  been 
n  his  hearing 


despotism  gained  now  strength.  Ordinances  were  annulled,  or 
made  a  dead  letter;  the  sulijects  of  the  French  king  were  ill 
treated  and  itnpri.souod  by  ordL>r  of  the  man  invested  with 
authority  by  no  public  or  recognized  act.  % 

Never  was  there  a  more  cruel  and  critical  position  than  that 
of  the  colonists  of  Ijouisiana.  "Was  the  colony  ceded  or  not  ?* 
If  ceded,  why  did  not  lllloa  take  possession?  and  why  did 
Aubry  continue  to  govern  ?  Why  did  the  council  judge  in  the 
name  of  the  King  of  France?  If  not  ceded  to  Spain,  wluit 
was  Ulloa  doing  in  Louisiana?  Why  did  he  command,  unop- 
posed by  Aubry  ?  Why,  too,  was  French  authority  alono 
recognized  and  predominant  ?  What  was  the  object  of  this 
mixture  of  authoritj^,  the  more  destructive,  as  no  one  knew  to 
whom  to  apply  for  a  redress  of  the  gi'ievanccs  which  occurred 
daily?  •■ 

The  act  of  cession,  if  it  took  enect,  was  to  bring  under  a  now 
domination  the  hapi)iness  of  a  people  of  which  they  could  not 
have  as  yet  lost  the  remembrance.  Such  was  the  sacred  promise 
of  the  French  king  to  his  Louisiana  subjects — a  promise  which 
only  confirmed  the  natural  feeling  that  kings  have  received 
power  oidy  for  the  happiness  of  the  people. 

But,  where  were  they  to  claim  these  sacred  rights  of  man  ? 
To  whom  address  their  representations?  Ulloa  would  not 
listen  to  them,  protested  that  he  had  no  right,  and  threatened 
those  who  made  them  with  the  greatest  chastisement  on  his 
reception.  If  they  applied  to  M.  Aubry  he  promised  the  sup- 
port of  the  French  court,  and  evils  but  increased  amid  this 
frightful  perplexity. 

An  edictf  announced  from  Europe  crowned  their  despair.. 

*  By  a  private  arrangement  entered  into  between  Ulloa  and  Aubr  ..  the  20lli 
of  January,  1707,  it  was  agreed  tliat  the  colony  should  delivered  up  to  Ulloa,  and 
that  Aubry  should  govern  it  for  the  time  being. 

tXhia  decree  was  issued  by  Ulloa  on  the  Olh  of  September,  1706.     The  ex- 

li 


/ 


L 


••n    .    I  |Jl"W  "    -. '•■MMMM»<'«MiliMHItft>« 


Ii 


^1 


yj$  IIISTOUICAL  MKM0IR3  OF  LOUISIANA. 

NoM-lutcrcour.sc  with  Im-uuco,  .lutios,  iinporiti«.  AVan  this  a 
foretaste  of  the  promised  felicity  ?  to  lose  all  hope  of  inter- 
course with  their  country,  and  almost  the  hope  of  ever  reach- 
ing it.  What  a  future  for  Frenehnien,  whoso  sacrifices  had 
proved  their  attachment  to  their  prince  !-for  Frenchmen,  who 
breathed  only  for  the  moment  when  they  sho«iKl  bo  permitted 
to  renew  in  Europe  an  oatb  of  allegiance  from  which  nothing 
as  yet  had  dispensed  them. 

Here,  their  patriotic  feeling  awoke  with  all  the  energy  that 
an  essay  of  tyrannical  power  could  give  them  even  before  its 
recognition.  The  desire  of  escaping  it  was  naturally  the  lirst 
movement  which  succeeded  this  outburst.  But  to  do  so  with- 
out  being  criminal,  this  is  the  next  thought  of  a  Frenchman. 
The  colonists  certainly  are  not  accused  of  having  abandoned 

this  principle. 

They  had  many  ways  of  escaping  the  growing  tyranny,  and 
enjoying  the  rights  given  theni  by  nature,  and  by  the  royal 
promise  to  liappiness  and  repose.  They  knew  that  under  the 
En-dish  government  they  would  have  all  the  prerogatives  of 
liberty.  They  beheld  the  victorious  Britons  extending  them 
the  hand ;  they  had  but  to  cross  the  river  to  escape  vexations ; 
but  an  oath  of  lidelity  attached  them  to  France.  Nothing  as 
yet  had  destroyed  this  dear  and  sacred  bond.  Duty,  love, 
honor  all  opposed  their  emigration  ;  all  prevented  their  listen- 
in.,  to  tlie  favorable  proposals  of  the  English  government; 
alii  in  fine,  obliged  them  to  close  their  ears  to  the  flattering 

her  colonies." 


as  thid  a 
;  ul"  iiilor- 
vor  roacli- 
•il'iccs  bad 
unon,  who 
pcMuitlcd 
h  nothing 

tiergy  that 
1  before  its 
ly  tLe  lirst 
lo  80  with - 
'rcnchman. 
abiimloned 

■ranny,  and 
Y  the  royal 
t  under  tho 
rogatives  of 
iding  them 
vexations ; 
Nothing  as 
Duty,  love, 
their  listcu- 
)vcrnment ; 
le  flattering 

o  throw  off  the 
epcndoncc  was 
banJoned  as  a 
9  early  as  17C5i 
liis  regrets  for 
t  soon  become 
en  England  and 


ZSfT 


IIISTOHTCAL  MEMOIRS  OF  LOUISIANA. 


103 


protnlac.-i  mado  to  such  as  should  settle  on  tho  pcssossions 
of  the  Kiiglish  king. 

They  could  not  complain  to  tho  court  of  Spain  of  tho  evils 
threatened  them  by  IJlloa,  and  with  which  he  smote  the  colony. 
They  were  induced  to  believe  that  political  reasons  kept  tho 
courts  of  Madrid  and  Ver.-!aillcs  in  sufl[)cnsc  as  to  the  possession 
of  Louisiana,  inasmuch  as  the  Spanish  envoy  did  not  carry 
out  his  i)owers.  lie  might  bo  commissioned  by  his  court  to 
examine  the  colony  and  render  an  account.  It  is  well  known 
that  IJlloa  frequently  styled  himself  simply  Inspector.  In  this 
quality,  without  taking  possession,  and  not  having  been  re- 
cognized, ho  had  no  right  to  command,  still  less  to  harass ;  for 
not  even  the  act  of  taking  possession  would  give  this,  contrary 
to  the  orders,  will  and  desire  of  the  king,  his  master.  Another 
reason  confirmed  the  French  in  the  idea  that  particular 
arrangements  still  preserved  Louisiana  for  France ;  among 
others,  that  Aubr}--  had  not  executed  the  French  king's  order* 
announcing  the  cession,  and  ordering  the  Governor  of  Louisi- 
ana to  transfer  the  colony  as  soon  as  any  came  entitled  to  re- 
ceive it  in  the  name  of  the  Spanish  king — at  least,  they  were 
justified  in  believing  Ulloa  not  that  person. 

The  inhabitants  of  Louisiana,  always  regarding  themselves 
as  subjects  of  tho  king  of  France,  and  being  so  in  fact — as  no 
taking  of  possession,  no  public  act,  either  on  their  part  or  that 
of  their  magistrates,  had  attached  xhem  to  any  other  rule — could 
recur  to  none  but  the  Frencb  tribunals  established  for  tho 
relief  of  his  subjects,  to  render  them  justice  when  necessary. 
The  French  king  announcing  the  cession,  seemed  to  foresee  all 
the  difaculties  it  would  entail,  as  he  ordered  M.  d'Abadie  to 
have  his  royal  letter  enrolled  in  the  superior  council  of  Louisi- 

*  Aubry  had  received  ofBcial  instructions  to  cede  Louisicna  in  April,  1766. 


164 


HISTORICAL  MEMOIBS  OF  LOUISIANA,, 


1  "^ 


ana,  that  "  tlio  people  of  the  colony  of  all  ranks  and  conditions 
might,  in  case  of  need,  recur  thereto,  and  to  publish  and  post 
the  same;"  all  of  which  D'Abadie  had  done. 

Could  the  people  of  Louisiana  follow  any  path  but  that  mark- 
ed out  by  iho  king's  letter?  They  accordingly  drew  up  a  memo- 
orial,  in  which  some  of  their  complaints  against  UUoa  are  set 

DECREE  OF  THE  SUl'KUIOK  COUNCIL. 

Louis,  by  the  grace  of  Go.].  King  of  France  and  of  Navarre,  to  all  Tvho  shall 
sec  these  presents,  greeting  ■.  We  make  it  known  that  the  Superior  Councl  of 
the  Province  of  Louisiana,  having  taken  into  consideration  the  humble  repre- 
sentations.  made  this  day  to  that  court,  by  the  planters,  merchants,  mechanics 
and  others  ;  and  whereas  the  relief  of  a  people,  to  whom  the  council  is  a  lather; 
the  support  of  the  laws,  of  which  it  is  the  depository  and  interpreter;  and  the 
improvement  of  agriculture  and  commerce,  of  which  it  is  the  patron,  are  the  mo- 
tives of  the  representations  of  said  planters,  merchants  and  others  ;  said  council 
has  proceeded  to  adjudicate  as  follows  on  these  important  matters  : 

What  momentous  objects  are  these  for  the  council !  Can  it,  after  having  duly 
wei<rhed  them,  give  attention  to  any  other  subject,  except  so  far  as  it  may  con- 
tribute 10  these  favors  1  I^t  it,  for  a  few  moments,  suspend  its  arduous  labors,  to 
attend  to  those  subjects,  which  are  now  represented  as  most  worthy  of  its  atten- 
tion and  ministry  :  and  thou,  dear  country,  whose  prosperity  is  the  object  of  our 
most  ardent  wishe.  ;  and  you  who  are  to  us  what  Sparta,  Athrns  and  Rome 
were  to  their  zealous  citizens,  sulTcr  us  to  pay  a  legitimate  debt  by  consecrating 
to  thee  this  weak  tribute  of  our  love  !  It  will  be  dictated  by  our  hearts,  whose 
inspirations  an  obedient  hand  is  ready  to  record. 

Seven  millions  of  royal  paper  constituted  all  the  currency  of  this  colony  and 
the  fortune  of  its  citizens  ;  the  total  withdrawing  of  this  capital,  the  payment  of 
which  his  majesty  suspended  by  an  edict  of  October,  1759,  has  reduced  the  pro- 
vince of  Louisiana  to  the  most  deplorable  situation.  We  shall  not  undertake  to 
enter  into  a  detail  of  the  calamities,  of  the  ruined  fortunes,  of  the  downfall  of 
families  which  were  the  fatal  consequences  of  that  catas'trophe.  The  council, 
every  lime  it  assembles  to  take  cognizance  of  the  affairs  of  the  unhappy  victims 
of  that  event,  has  before  its  eyes  a  more  striking  picture  of  our  misfortunes  than 
it  IS  possible  for  us  to  paint.  Recovered  from  the  depression  into  which  they  had 
been  pUinTed,  the  citizens  of  Louisiana  had  begun  at  last  to  breathe  ;  they  had 
considered  the  conclusion  of  the  war  as  the  end  of  their  misfortunes,  and  enter- 
tained hopes  that  the  return  of  peace  would  be  the  moment  destined  for  their  re- 
lief A-riculture.  said  the  planter,  that  surest  and  most  positive  wealth  for  a 
nation,  That  prolific  source  from  which  flow  all  the  blessings  which  we  enjoy, 
will  now  be  reviv.d,  and  will  repair,  a  hundred  fold  during  the  peace,  the  los.scs 
which  we  underwent  during  the  war  ;  commerce,  without  which  the  fruits  of  the 
earth  have  ncillior  worth  nor  value,  will  be  vivified  and  protected,  said  the  mor- 


f( 
O 

tl 

cl 

P 
P 
a 

c 

h 
I 

11 


i^r'iiix.-^^: 


niSTORICAL  MEMOIRS  OF  LOUISIANA. 


165 


conditions 
:i  aud  post 

tliat  mark- 
p  a  memo- 
iloa  are  set 


all  who  shall 
ior  Council  of 
lunible  rppre- 
itd,  mpohanics 
;il  is  a  father  ; 
>tpr ;  and  the 
n,  arc  the  mo- 

;  said  council 

er  having  duly 
as  it  may  con- 
uous  labors,  to 
liy  of  its  atlrn- 
e  olijoct  of  our 
ns  and  Rome 
y  consecrating 
hearts,  whose 

his  colony  and 
the  payment  of 
!ducrd  the  pro- 
nt  undertake  to 
the  downfall  of 
The  council, 
nhappy  victims 
isfortunes  than 
which  they  had 
alhe  ;  they  had 
ines,  and  cntcr- 
icd  for  their  ro- 
ve wealth  for  a 
hich  wp  enjoy, 
pacp,  the  losses 
the  fruits  of  the 
d,  said  the  mer- 


foi  til.  That  against  wliicli  tliey  could  most  justly  weigh,  was  Itis 
obstinacy  in  wishing  to  govern  without  taking  possession ;  and 
they  asked  that  this  man,  from  whose  tyranny  they  had  all 

chant.  Sweet  illusions  and  (littering  projects,  what  is  now  become  of  you  !  The 
planter,  the  merchant,  all  ranks  and  classes  in  the  colony,  undergo,  in  the  most 
profound  peace,  misfortunes  and  calamities  which  they  never  felt  during  a  long 
and  bloody  war. 

The  first  stroke  by  which  the  colony  was  afflicted,  was  the  information  it  re- 
ceived of  the  cession  made  of  it  by  his  majesty  to  Spain.  Nobody,  doubtless,  will 
he  surprised  at  the  profound  grief  which  this  news  excited  in  all  hearts.  The 
French  love  their  monarch  above  all  things,  and  a  happy  prejudice  makes  all  men 
naturally  incline  to  the  government  under  which  they  are  born.  Let  us  cast  a 
veil  over  this  event ;  the  pen  drops  from  the  hand  of  a  Frenchman  when  he  at- 
tempts to  analyse  it.  What  at  present  seriously  occupies,  and  should  engross 
the  whole  attention  of  the  court,  is  the  contemplation  of  those  facts  which  are 
the  forerunners  of  that  slavery  with  which  a  new  administration  threatens  the 
colonists  of  Louisiana.  At  one  time  we  behold  an  exclusive  company,  which,  to 
the  prejudice  of  the  nation,  is  empowered  to  carry  on  all  the  commerce  of  the  re- 
maining possessions  of  the  French  in  North  America ;  we  next  see  the  appear- 
ance of  an  edict  which  confines  within  the  narrowest  bounds  the  liberty  neces- 
sary to  commerce,  and  forbids  the  French  to  have  any  connection  with  their  own 
nation  ;  it  is  replete  with  prohibitions  and  restraints  ;  the  merchants  of  Louisi- 
ana everywhere  meet  with  obstacles  to  be  surmounted,  difl'iculties  to  be  overcome, 
and  (if  it  be  allowable  to  make  use  of  such  an  expression)  enemies  of  their  coun- 
try to  be  overthrown.  In  Europe,  a  period  of  six  months  will  sometimes  elapse 
before  persons  that  fit  out  vessels  know  whether  they  shall  obtain  passports  ;  wo 
have  no  better  success  at  St.  Domingo,  when  expeditions  to  this  river  (Missis- 
sippi) are  in  question.  The  Prince  of  Monbazon,  commander-general  of  the 
island,  begins  to  refuse  them.  In  Louisiana,  in  the  very  centre  of  the  colony, 
where  a  person  of  the  meanest  understanding  sees,  at  the  very  first  glance,  how 
much  it  stands  in  need  of  encouragement  and  patronage,  we  do  meet  with  more 

favor. 

The  government,  about  twelve  months  ago,  forbade  the  importation  of  negroes, 
on  the  pretext  that  the  competition  would  ha"e  proved  injurious  to  a  merchant  of 
the  English  colonies,  who  was  to  furnish  them.  How  terrible  and  how  destruc- 
tive a  course  of  action  is  this  I  It  is  depriving  the  colony  of  the  materials  best 
calculated  to  develop  its  resources  ;  it  is  cutting  up  by  the  roots  a  branch  of  com- 
merce which  is  of  more  conseqtience  to  Louisiana  than  all  the  restp\it  together. 
To  promote  systems  of  this  sort  is  tantamount  to  the  desire  to  convert  into  a  vast 
forest,  establishments  which  have  cost  infinite  pains  and  trouble.  The  vigilance 
of  the  court  will  easily  discover  the  cause  of  these  contrarieties  ;  the  efforts  of  its 
zeal  will  destroy  it  ;  and  its  affection  for  the  colony  will  save  it  from  destruc- 
tion. Constraint  keeps  the  affairs  of  the  province  in  a  state  of  languor  and 
weakness  ;  liberty,  on  the  contrary,  animates  all  things  ;  no   one   is  at  present 


JMi'm,i'-^V^*'''' 


166 


niSTOBICAL  MEMOIRS  OF  LOUISIANA. 


to  fear,  should  leave  tlic  colony  with  the  frigate  and  the  Span- 
iards  he  had  brought,  and  that  the  act  of  taking  possession 
should  be  postponed  till  the  French  king  decided  their  fate. 

ignorant  that  tlio  granting  of  exclusive  priviloges  may  bo  justly  conBiileroil  as  a 
sort  of  vampire,  whicli  inipprccptil)ly  sucks  and  consumes  the  people,  ilrains  the 
currency,  and  crushes  agriculture  and  commerce  ;  it  is  an  oppressive  method, 
which,  for  the  happiness  of  mankind,  has  been  long  since  banished  from  the 
French  colonics. 

To  what  fatality  is  it  owing  that  Louisiana  alone  sees  sparks  of  this  devouring 
fire  again  struck  out  I  These  are  no  panic  terrors  ;  and  of  this  the  court  will  be 
convinced,  after  perusing  the  decree,  with  an  extract  of  which  we  have  the  honor 
of  presenting  them.  We  shall  not  scruple  to  affirm,  that  the  carrying  of  the  plan 
which  it  contains  into  execution,  w«uld  ruin  the  colony,  by  giving  agriculture  and 
commerce  the  most  dangerous  wounds.  The  inhabitants  of  Louisiana  already 
despair  of  the  preservation  of  their  country,  if  the  privileges  and  exemptions 
which  it  has  hitherto  enjoyed  are  not  continued  ;  if  the  execution  of  the  fatal 
decree,  which  has  alarmed  all  hearts  and  filled  them  with  consternation,  is  not 
prevented  ;  if  an  ordinance,  published  in  the  name  of  His  Catholic  Majesty,  on 
the  0th  of  September,  1766,  of  which  a  copy  is  here  subjoined,  is  not  annulled  as 
illegal  in  all  its  points,  and  as  contrary  to  the  increase  of  agriculture  and  conv 
merce  ;  if,  finally,  the  mild  laws,  under  which  the  inhabitants  have  lived  till  now, 
were  suffered  to  be  violated.  We  should  never  forget  the  sublime  discourse 
which  an  illustrious  magistrate  addresses  to  the  legislators  of  the  earth  :  "  Are 
you,"  says  he,  "  desirous  of  abrogating  any  law,  touch  it  but  with  a  trembling 
hand.  Approach  it  with  so  much  solemnity,  use  so  many  precautions,  that  the 
people  may  naturally  conclude  that  the  laws  are  sacred,  since  so  many  formali- 
ties are  required  in  the  abrogation  of  them." 

How  mortifying  it  is  for  Frenchmen  to  sufiTer  all  the  rigors  to  which  their  com- 
merce is  subjected,  whilst  their  ambitious  rival  openly  carries  on  the  trade  of  the 
colony,  to  the  prejudice  of  the  nation  to  which  it  belongs,  which  contributed  to 
its  establishment,  and  which  is  at  the  expense  of  it !  "We  do  not  fear  that  it  will 
be  objected,  that  the  French  alone  are  not  able  to  supply  Uie  continent  with  all 
the  commodities  which  it  wants.  A  loan  of  seven  millions,  which  the  inhabitants 
of  Louisiana  made  to  the  king,  from  the  year  1758  to  1763,  will  be  an  efernal  monu- 
ment of  the  extent  of  the  French  commerce,  and  of  the  attachment  of  the  colo- 
nists to  their  sovereign's  service. 

It  is  just  at  the  time  when  a  new  mine  has  been  discovered  ;  when  the  culture 
of  cotton,  improved  by  experience,  promises  tlie  planter  the  recompense  of  his 
toils,  furnishes  persons  engaged  in  fitting  out  vessels,  with  cargoes  to  load  them; 
when  the  manufacture  of  indigo  may  vie  with  that  of  St.  Domingo  ;  when  the 
fur-trade  has  been  carried  to  the  highest  degree  of  perfection  which  it  has  as  yet 
attained  ;  it  is  in  these  happy  circumstances  that  certain  enemies  to  their  coun- 
try, andbroachers  of  a  false  system,  have  imposed  upon  persons  in  office,  to  in- 
duce them  to  sacrifice  the  inhabitants  of  New-Urlcans.    Let  the  court  no  longer 


■-^T' 


1 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


1G7 


the  Span- 
possession 
their  fate. 

nsiderrd  an  a 
Ir,  ilraiiiH  tlie 
Rsivc  mclhoil, 
iked  from  the 

lis  devouring 
court  will  be 
ive  the  honor 
rig  of  the  plan 
iriculture  and 
isiana  already 
d  exemptions 
n  of  the  fatal 
rnation,  is  not 
c  Majesty,  on 
Jt  annulled  as 
tare  and  coin- 
lived  till  now, 
ime  discourse 
earth  :  "  Are 
th  a  trembling 
tions,  that  tlie 
many  forniali- 

lich  their  com- 
le  trade  of  the 
contributed  to 
car  that  it  will 
tinent  with  all 
:\\e  inhabitants 
I  eternal  monu- 
nt  of  the  colo- 

icn  the  culture 
)mpense  of  his 
s  to  load  them; 
igo ;  when  the 
;h  it  has  as  yet 
1  to  Ihoir  coun- 
in  nflicc,  to  in- 
;ourt  no  longer 


This  memorial,  signed  by  a  majority  of  the  inliabitants,  was 
carried  to  the  Superior  Council,  and  the  28th  of  October,  17G8, 
was  appointed  for  the  day  of  the  general  assembly. 

defer  the  relief  of  a  people  which  is  dear  to  it ;   let  it  m.ike  known  to  those  in- 
vested with  royal  authority  the  exhausted  state  to  which  this  province  would  bo 
reduced,  if  it  were  not  soon  to  be  freed  from  the  prohibitions  which  would 
plunge  it  into  irremediable  ruin.      What  would  be   thought   of  a  physician, 
who.  boin-T  possessed  of  a  panacea,  or  universal  remedy,  should  wait  fora  plasruo 
in  order  to  reveal  it  1     It  is  by  the  trade  to  the  Leeward  Islands  that  the  inhabit- 
ants of  Louisiana  find  means,  every  year,  to  dispose  of  fourscore  or  a  hundred 
cargoes  of  lumber.    Should  this  branch  of  trade  be  taken  away,  the  colony  would 
be  deprived  of  an  annual  income  of  five  hundred  thousand  livres  at  least— a  sum 
which  the  work  of  the  negroes  and  the  application  of  the  master  produce  alone 
without  any  other  disbursement.     According  to  the  observation  of  a  celeb^ted 
author,  it  would  be  better  to  lose  a  hundred  thousand  men  in  a  great  kingdom  by 
an  error  in  politics,  than  to  be  guilty  of  one  which  should  stop  the  progress  of 
agriculture  and  commerce.     It  is  well  known  that  those  who  present  plans  to 
obtain  exclusive  privileges,  arc  never  without  plausible  reasons   to  make  them 
appear  economic  and  advantageous,  as  well  to  the  king  as  to  the  public  ;  but  the 
experience  of  all  ages  and  all  countries  evidently  demonstrates,  that  those  who 
seek  exclusions  ha've  their  private  interest  solely  in  view  ;  that  they  have  less 
zeal   than  others  for   the   prosperity  of  the  state,  and  have  less  the  spirit  of 

patriotism. 

The  execution  of  the  decree  relative  to  the  commerce  of  Louisiana  would  re- 
duce the  inhabitants  to  the  sad  alternative  of  either  losing  their  harvests  for  want 
of  vessels  to  export  them,  or  of  exchanging  their  commodities  in  a  fraudulent 
manner  with  a  foreign  nation,  exposing  themselves  to  undergo  the  rigor  of  the 
law,  which  ordains  that  those  who  carry  on  a  contraband  trade  shall  lose  both 
their  lives  and  liberties.  What  a  life  is  this  !  what  a  struggle  !  It  is  but  too 
true,  as  has  been  already  observed,  that  the  rejmrt  of  the  new  ordinance  alone 
has  caused  a  considerable  diminution,  not  only  in  the  articles  of  luxury,  but  like- 
wise in  landed  estates.  A  house  which  was  heretofore  worth  twenty  thousand 
livres  would  hardly  sell  for  five  thousand.  Some  will,  perhaps,  assert  that  the 
scarcity  of  money  contributes  also  to  this  diminution.  But  how  much  greater 
will  be  the  scarcity  of  specie,  when  the  colony  shall  either  be  delivered  up  to  an 
exclusive  company,  or  the  ambition  of  five  or  »ix  individuals,  who  form  but  one 
body  ?  It  will  then  resemble  a  member  grown  to  a  monstrous  bulk,  at  the  ex- 
pense of  the  substance  of  the  rest,  which  would  become  withered  and  palsied. 
The  body  would  thereby  find  itself  threatened  with  a  total  destruction.  It  was 
only  by  openly  favoring  the  introduction  of  negroes,  that  this  colony  was  raised 
to  the  flourishing  state  which  it  appeared  to  have  attained  in  17.59. 

Perhaps  it  will  be  saiil.  to  dispel  these  alarms,  that  the  gold  and  silver  which 
have  been  made  to  abound  in  the  plice  by  a  new  administration,  may  indemnify 
for  the  losses  of  agriculture  and  commerce.     Hut,  judging  of  the  future  by  the 


I 


tm 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


M.  d'Ulloa,  alarmed  at  tliese  steps  of  the  colonists,  concerted 
with  Aubry  means  of  stopping  tlicm.  They  found  none  more 
prompt  and  efficacious  than  to  intimidate  by  threats ;  but  men 

experience  of  llie  past  and  of  the  present,  that  resource  will  be  found  to  be  very 
weak,  as  nobody  oan  pretend  not  to  know  that,  among  the  various  treasures  which 
the  earth  contains  in  its  bosom,  gold  and  silver  arc  neither  the  cliief  riches  nor 
the  most  desirable.     These  metals  have  reduced  their  natural  possessors  to  a  dc- 
plorable  state,  and  the  masters  of  those  slaves  have  not  thereby  become  more 
powerful.     They  appear,  from  that  moment,  to  have  lost  all  spirit  of  industry, 
all  disposition  to  work,  like  a  laborer  who  should  find  a  treasure  in  the  midst  of 
his  field,  and  thereupon  forsake  his  plow  forever.      Besides,  how  many  acts  of 
severity  have  been  committed  against  peaceable  citizens  by  a  stranger,  who, 
though  invested  with  a  respectable  character,  has  observed  none  of  the  formali- 
ties, nor  performed  any  of  the  duties  prescribed  by  the  act  of  cession,  which  pro- 
vides for  their  peace  and  tranquillity.    We  shall  mention  an  old  ship-captain  who 
was  confined  by  his  orders,  and  whose  vessel  was  detained  in  port  during  eight 
or  ten  months,  for  not  having  been  able  to  read  in  the  decrees  of  Providence 
that  the  vessel,  in  which  he  had  dispatched  certain  packets  intrusted  to  his  care, 
would  be  cast  away.     A  similar  tyranny  was  exercised  by  the  person  invested 
with  this  illegal  and  unjust  authority,  against  two  captains  belonging  to  iMarti- 
nico.  who  had  been  guilty  of  no  other  crime  than  that  of  not  having  guessed  that 
the  Council  of  Louisiana  had  issued  an  edict  forbidding  the  introduction  of  the 
crcolizcd  negroes  of  the  Leeward  Islands.     AVhat  ill  usage  has  an  old  citizen 
sulfered,  on  account  of  a  packet  which  had  been  put  into  the  hands  of  the  captain 
of  one  of  his  ships,  who,  having  met  with  contrary  winds,  was  unable  to  deliver 
it  at  Havana  ! 

How  shall  we  describe  the  barbarity  with  which  the  Acadians  were  treated  ! 
These  people,  the  sport  of  fortune,  had  determined,  under  the  impulse  of  a 
patriotic  spirit,  to  forsake  all  that  they  might  possess  on  the  English  territories, 
in  order  to  go  and  live  under  the  happy  laws  of  their  ancient  master.  They 
arrived  in  this  colony  at  a  great  expense,  and  scarce  had  they  cleared  out  a  place 
sulficient  for  a  poor  thatched  hut  to  stand  upon,  when,  in.consequence  of  some 
representations  which  they  happened  to  make  to  Mr.  Ulloa,  ho  threatened 
to  drive  them  out  of  the  colony,  and  have  them  sold  as  slaves,  in  order  to 
pay  for  the  rations  which  the  king  had  given  them  ;  at  the  same  time 
directing  the  Germans  to  refuse  them  a  retreat.  It  remains  to  bo  determined 
whether  this  conduct  docs  not  border  upon  barbarism  ;  but  we  think  we 
can  presume  to  conclude,  without  exaggeration,  that  it  is  diametrically  con- 
trary to  the  political  system  which  favors  the  encouragement  of  population,  in 
all  its  branches  and  by  every  means.  Those  who  complain  (and  who  is  there  so 
far  broke  to  the  yoke  as  to  bear,  without  nuirmuring,  inhumanities  so  horrid  !)— 
yes,  we  declare  it,  those  who  complain  are  threatened  with  imprisonment, 
banished  to  the  Dalize,  and  sent  to  the  mines.  Now,  though  Mr.  Ulloa  may  have 
been  invested  with  some  authority,  his  prince  never  commanded  him  to  exert  it 


■■-tsmmd':^^^&^^^^' 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


169 


concerted 
lont;  more 
;  but  men 

nd  to  be  very 
iiNurcs  which 
ef  riches  nor 
ssors  to  a  dc- 
become  iiioro 
t  ot"  industry, 
I  the  midst  of 
many  acts  of 
trangcr,  who, 
f  the  formali- 
in,  which  pro- 
p-captain who 
t  diiriiijf  eight 
3!  Providence 
ed  to  iiis  care, 
rson  invested 
ging  to  Marti- 
g  guessed  that 
iduclion  of  the 
an  old  citizen 
of  the  captain 
able  to  deliver 

were  treated  ! 

impulse  of  a 
li»h  territories, 
master.  They 
red  out  a  place 
uence  of  some 

ho  threatened 
'g,  in  order  to 
he    bame   time 

bo  determined 
we  think  we 
metrically  con- 
population,  in 
who  is  there  so 
's  so  horrid  !)— 

imprisonment, 
IJlloa  may  have 

him  to  exert  it 


impelled  by  right  are  not  easily  intimidated ;  seditious  men 
would  have  been  alarmed ;  but  the  colonists  were  very  far 
from  being  such.      They  followed  a  plan  dictated  by  their 

in  a  tyrannical  manner,  nor  to  exercise  it  before  having  made  known  his  titles 
and  powers.  Such  oppressions  arc  not  dictated  by  the  hearts  of  kings  ;  they 
agree  but  ill  with  that  humanity  which  constitutes  their  character,  and  directs 
their  actions. 

Were  wc  to  enter  into  a  detail  of  all  the  mortifications  which  the  French  of 
New-Orleans  have  undergone,  wc  should  hardly  make  an  end  of  the  recital.     It 
■wore  to  be  wished,  for  the  honor  of  the  nation,  that  as  maity  of  thorn  as  have 
transpired  might  be  obliterated  by  the  precious  effects  of  tlic  protection  of  the 
Superior  Council,  which  is  now  applied  for.  And  it  i.s  foretold  that  the  inhabitants 
of  Louisiana  will,  in  order  that  their  tribulations  be  complete,  be  reduced,  in  pro- 
cess of  time,  to   live  barely  on  tortillas,  although  the  most  frugal  sort  of  food 
would  not  be  a  matter  of  complaint  on  their  part.     In  the  mean  time,  the  pre- 
servation of  their  lives,  their  obligations  to  their  creditors,  their  sense  of  honor, 
which  flows  from  the  sacred  source  of  patriotism  and  of  duty  ;  finally,  the  circum- 
stance of  the  attack  made  on  their  property  and  means  of  subsistence  by  that 
very  decree,  induce  them  to  offer  their  possessions  and  their  blood,  to  preserve 
forever  the  dear  inviolable  title  of  French  citizen.     All  that  has  hitherto  been 
said  leads  them  naturally  to  demands  or  requests,  to  which  the  zeal  of  the  court 
for  the  public  good,  and  its  steadiness  in  supporting  the  laws  of  which  his  most 
Christian  majesty  has  made  them  the  depositories,  assure  them  tliat  it  will  give 
the  most  favorable  reception.     Hut  before  they  proceed  to  state  their  rccpiests, 
they  must  acknowledge  the  kindness  with  which  they  were  treated  by  Mr.  Aubry. 
The  wishes  of  the  public  have  always  corresjwnded  with  the  choice  of  the  prince 
in  assigning  him  the  chief  command  over  the  province  of  Louisiana  ;  his  virtues 
have  caused  the  titles  of  honest  man  and  equitable  governor  to  be  adjudged  him  ; 
he  never  made  use  of  his  power  but  to  do  good,  and  all  unjust  deeds  have  to  him 
ever  appeared  impossible.     They  are  not  afraid  of  being  reproached  that  grati- 
tude has  made  thein  exaggerate  in  any  particular ;  to   neglect   bestowing  de- 
served praises  is  to  keep  back  a  lawful  debt.      And  then  conclude,  finally,  by 
entreating  the  court : 

1.  To  obtain  that  the  privileges  and  exemptions  which  the  colony  has  enjoyed 
since  the  cession  made  by  the  company  to  his  most  Christian  majesty,  should  bo 
maintained,  without  any  innovations  being  suffered  to  inteirupt  their  course,  and 
disturb  the  security  of  the  citizens. 

2.  That  passports  and  permissions  be  granted  from  the  governors  and  com- 
missioners of  his  most  Christian  majesty,  to  such  captains  of  vessels  as  shall  set 
sail  from  this  colony  to  any  ports  of  France  or  America  whatever. 

3.  That  any  ship  sailing  from  any  port  of  France  or  America  whatever,  shall 
have  free  entrance  into  the  river,  whether  it  sail  directly  for  the  colony,  or  only 
put  in  accidentally,  according  to  the  custom  which  has  hitherto  prevailed. 

4.  That  freedom  of  trade  with  all  the  nations  under  the  government  of  liis  most 


»**<- 


170 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


fil. 


king;  tlicy  addressed  his  tribunal ;  but  tliey  thereby  destroyed 
Ulloa's  work  ;  they  opposed  a  legal  obstacle  to  the  chains  he 
would  have  imposed.     UUoa  menaced  hanging,  the  galleys,  kc'. 

Christian  majesty  be  granted  to  all  the  cili«en»,  in  conformity  to  the  king's 
orders  to  the  Lie  Mr.  d'Abadie,  registered  in  the  archives  of  this  city,  and  like- 
wise in  conformity  to  the  letter  of  his  grace  the  Duke  of  Choiseul,  addressed  to 
the  same  Mr.  d'Abadie,  and  dated  the  9th  of  February,  1766. 

5.  That  Mr.  Ulloa  bo  declared  to  have,  in  many  points,  infringed  and  usurped 
the  authority  hitherto  possessed  by  the  government  and  council  of  the  colony, 
because  all  the  laws,  ordinances  and  customs  direct  that  said  authority  shall 
not  be  exercised  by  any  officer  until  he  shall  have  complied  with  all  the  formali- 
ties prescribed;  and  this  condition  Mr.  Ulloa  has  not  observed.  He  should, 
therefore,  be  declared  to  have  infringed  and  usurped  the  authority  of  the  govern- 
ment :— 1.  For  having  caused  the  Spanish  flag  to  be  set  up  in  several  parts  of 
the  colony,  without  having  caused  to  be  registered  in  the  archives  of  the  Superior 
Council,  the  titles  and  powers  which  he  may  have  had,  and  of  which  the  assem- 
bled citizens  may  have  been  informed.  2.  For  having,  of  his  own  accord,  and 
by  his  own  private  authority,  insisted  upon  captains  being  detained  with  their 
ships  in  the  port,  without  any  cause,  and  for  having  ordered  subjects  of  France 
to  be  confined  on  board  of  a  Spanish  frigate.  3.  For  having  caused  councils,  in 
which  decrees  were  issued  concerning  the  inhabitants  of  Louisiana,  to  be  held  in 
the  house  of  Mr.  De6tr6han.  They  request  that,  on  account  of  these  grievances, 
and  many  others  publicly  known,  and  likewise  for  the  tranquillity  of  all  the  citi- 
zens who  apply  for  the  protection  of  the  council,  they  be  freed,  for  the  future, 
from  the  fear  of  a  tyrannical  authority,  and  exempted  from  observing  the  condi- 
tions in  the  said  decree,  by  means  of  the  dismission  of  Mr  Ulloa,  who  should  bo 
ordered  to  embark  on  board  of  the  first  vessel  which  shall  set  sail,  in  order  to 
depart,  whenever  he  thinks  proper,  out  of  the  dependencies  of  this  province. 

6.  That  orders  be  given  to  all  the  Spanish  officers  who  are  in  this  city,  or 
scattered  throughout  the  posts  appertaining  to  the  colony,  to  quit  them,  in  order 
to  depart  likewise,  when  they  shall  think  proper,  out  of  the  dependencies  of  the 
province  ;  and,  finally,  that  the  court  be  pleased  to  ordeft  that  its  decree,  when 
rendered,  be  read,  published,  and  set  up  in  all  the  usual  places  of  the  town,  and 
collated  copi'-'s  sent  to  all  the  posts  of  the  said  colony. 

The  foregoing  representations  being  signed  by  five  hundred  and  thirty-six 
persons— planters,  merchants,  tradesmen,  and  men  of  note  ;  considering,  like- 
wise, the  copy  of  the  decree,  published  by  orders  of  his  Catholic  majesty,  neither 
signed  nor  dated,  and  another  copy  of  an  ordinance  published  in  this  city,  by 
order  of  Mr.  Ulloa,  of  the  6th  of  September,  1766;  the  interlocutory  decree 
issued  yesterday,  upon  the  requisition  of  the  king's  attorney-general,  ordering 
and  directing  that,  before  the  decision  of  the  court,  the  said  representations  be 
put  in  the  hands  of  Messrs.  Huchet  de  Kernion,  and  Riot  de  Launay,  titular 
councilors,  to  be  by  them  examined,  and  afterwards  communicated  to  the  king's 
council,  in  order  that  what  the  law  directs  may  be  enacted  concerning  them— all 


_;ES5S!r" 


I' ^i  will 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


m 


f  tlestroyecl 

chains  he 

galleys,  ^c'. 

to  the  king's 
city,  and  likc- 
I,  addressed  to 

id  and  usurped 
of  the  colony,    ' 
authority  shall 
all  the  formali- 
1.    He  should, 
of  the  govern- 
everal  parts  of 
of  the  Superior 
lich  the  assera- 
vn  accord,  and 
incd  with  their 
ects  of  France 
9ed  councils,  in 
a,  to  be  held  in 
ese  grievances, 
y  of  all  the  citi- 
for  the  future, 
■ving  the  condi- 
,  who  should  be 
sail,  in  order  to 
lis  province, 
in  this  city,  or 
t  thein,  in  order 
indencies  of  the 
ts  decree,  when 
f  the  town,  and 

and  thirty-six 
jnsidering,  like- 
najesty,  neither 
I  in  this  city,  by 
■locutory  decree 
eneral,  ordering 
presentations  be 

Launay,  titular 
ed  to  the  king's 
rning  them — all 


Aubry  promised  to  support  liirn.  The  inhabitants,  informed  of 
these  resolutions,  proceeded  to  Aubry 's ;  they  represented  the 
evils  under  which  they  groaned,  and  the  necegsity  of  resisti  ng  the 

these  particulars  being  taken  into  consideration,  the  king's  attorney  stood  up 
and  said  : 

"  Gentlemen,— The  first  and  most  interesting  point  to  be  examined  is  the  step 
taken  by  all  the  planters  and  merchants  in  concert,  who,  being  threatened  with 
slavery,  and  laboring  under  grievances  which  have  been  enumerated,  aiUlress  your 
tribunal,  and  require  justice  for  violations  of  the  solemn  act  of  cession  of  this 
colony. 
"Is  yours  a  competent  tribunal  T  Are  these  just  complaints  1 
"  I  shall  now  proceed  to  demonstrate  the  extent  of  the  royal  authority  invested 
in  the  Superior  Council.  The  parliaments  and  superior  councils  arc  the  deposi- 
tories of  the  laws,  under  the  protection  of  which  the  people  live  happy  ;  they  arc 
created  and  organized  to  be,  from  the  very  nature  of  their  official  tenure,  the 
sworn  patrons  of  virtuous  citizens,  and  they  arc  established  for  the  purpose  of 
executing  the  ordinances,  edicts,  and  declarations  of  king",  after  they  are  regis- 
tered. 8uch  has  been  the  will  and  pleasure  of  Louis,  the  well-beloved,  our  liege 
lord  and  king,  in  whose  name  all  your  decrees,  to  the  present  day,  have  been 
issued  and  carried  into  execution.  The  act  of  cession,  the  only  title  of  which  his 
Catholic  majesty's  commissary  can  avail  himself,  to  make  his  demands  auclorilate 
et  proprieiate,  was  addressed  to  the  late  Mr.  d'Abadie,  with  orders  to  cause  it  to 
be  registered  in  the  superior  council  of  the  colony,  to  the  end  that  the  different 
classes  of  the  said  colony  may  be  enabled  to  have  recourse  to  it  upon  occasion, 
that  instrument  being  calculated  for  no  other  purpose. 

"  Mr.  Ulloa's  letter,  dated  from  Havana,  July  10th,  1765,  which  expresse  his 
disposition  to  do  the  inhabitants  all  the  services  they  can  desire,  was  addressed 
to  you,  gentlemen,  with  a  request  to  make  it  known  to  the  said  inhabitants  that, 
in  thus  acting,  he  would  only  discharge  his  duty  and  gratify  his  inclination. 
The  said  letter  was,  by  your  decree,  after  full  deliberation,  published,  set  up  and 
registered,  as  a  pledge  of  happiness  and  tranquillity  to  the  inhabitants.  Another 
letter  of  the  month  of  October  last,  written  to  Mr.  Aubry,  proves  that  justice  still 
continues  to  be  administered  in  the  colony  in  the  name  of  Louis  the  well-beloved. 
It  results  from  the  solemn  act  of  cession  and  its  accessories,  that  the  planters, 
merchants  and  other  inhabitants  have  the  most  solid  basis  to  stand  upon,  when 
they  present  you  with  their  most  humble  remonstrances ;  and  that  you,  gentle- 
men, are  fully  authorized  to  pronounce  thereupon.  Let  us  now  proceed  to  a 
scrupulous  examination  of  the  act  of  cession,  and  of  the  letter  written  by  I'lloa 
to  the  Superior  Council.  I  think  it  likewise  incumbent  on  me  to  cite,  word  for 
word,  an  extract  of  the  king's  letter,  which  was  published,  set  up  and  registered. 
'•  This  very  solemn  act  of  cession,  which  gives  the  title  of  property  to  his 
Catholic  majesty,  secures  for  the  inhabitants  of  the  colony  the  preservation  of 
ancient  and  known  privileges  ;  and  the  royal  word  of  sovereign  lord,  the  king, 
promises,  and  gives  us  ground  to  hope  for  others,  which  the  calamities  of  war 


172 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


violence  of  a  man  who  had  no  recognized  title.  They  reminded 
him  of  the  king's  letter,  whioli  enjoined  them  to  apply  to 
the  council  for  the  ratification  of  the  articles  of  cession.    They 

liavo  prrvrntcd  him  from  makin|T  his  siihjpcts  fnjoy.  Tho  nnripnt  privilpgcs 
haviti|,'l)priisiipprcsspi1  hy  the  aiitht>rity  of  his  Cithnlic  majesty's  (•oininissioner, 
property  bpcoiiips  prpcnrious.  The  act  of  cpBsion,  which  was  fhp  more  result  of 
good-will  and  friciidship,  was  made  with  rcscrvps  wiiich  conlirm  the  liliprtips 
and  privilpaps  of  the  iiiliabifantfi,  and  promisps  thpm  a  life  of  tranquillity,  under 
the  protpctiim  and  shpllcr  of  their  canon  and  civil  laws.  .\8  property  accruing 
from  a  cession  liy  frpp  gift  cannot  be  claimed  and  obtained,  except  on  the  condi- 
tion of  complying,  during  the  whole  possession  of  said  property,  with  tho  reserves 
contained  in  said  act  of  cession,  our  sovereign  lord,  the  king,  hopps,  and  promises 
himsplf  that,  ■  in  consequence  of  the  friendship  anil  affection  ahotcn  to  him  hij  hit 
Catholic  mifjctty,  he  (said  C.  M.,)  tcill  be  pleased  to  give  tuch  ordtri  to  hiaisovernor, 
and  to  alt  o'her  officeri  employed  in  his  service  in  said  colony  as  may  be  eomlucive 
to  the  advanlasre  and  tranqHillilii  of  the  inhnbilants,  and  t'.at  they  shall  be  ruled, 
and  Ihcir fortunes  and  estates  managed,  according  to  the  laws,  forms  and  customs 
laid  colony.'  Can  Mr.  Ulloa's  titles  give  authority  to  ordinances  and  orders  which 
violate  the  respect  due  to  the  solemn  act  of  cession  7  The  ancient  privileges,  tho 
tranquillity  of  the  subjects  of  France,  the  laws,  forms  and  customs  of  the  colony, 
are  rendered  sacred  by  a  royal  promise,  by  a  registering  ordered  by  the  .Superior 
Council,  and  by  a  publication  solemnly  decreed  and  universally  known.  The  solo 
aim  of  the  letter  of  our  sovereign  lord,  the  king,  was  to  grant  to  the  dillerent 
classes  of  the  colony  a  recourse  to  the  act  of  cession.  Therefore,  nothing  can  bo 
better  grounded  or  more  legal  than  the  right  of  remonstrating,  which  the  inhabit- 
ants and  citizensof  the  colony  have  acquired  by  royal  authority. 

"  Let  us  proceed  to  an  examination  of  the  letter  of  Mr.  Ulloa,  written  to  tho 
Superior  Council  of  New-Orleans,  dated  the  10th  of  July,  1765.  I  shall  here  cito» 
word  for  word,  the  article  relative  to  the  Superior  Council  and  the  inhabitants  : 

"  '  I  flatter  myself,  beforehand,  that  it  will  afford  me  favorable  opportunities  to 
render  you  all  the  services  that  you  and  the  inhabitants  of  your  toan  may  desire, 
of  which  I  bi'gyou  to  give  them  the  assurance  from  me,  and  to  let  them  know  that,  in 
acting  thuf    I  only  discharge  my  duty  and  gratify  my  inclinations.' 

■'  Mr.  Ulloa  proved  thereby  the  orders  which  ho  had  received  from  his  Catholic 
majesty,  conformably  to  the  solpmn  .act  of  cession,  and  manifested  a  sentiment 
which  is  indispensable  in  any  governor  who  is  desirous  of  rendering  good  ser- 
vices to  his  king  in  the  colonies. 

"  Without  population  there  can  be  no  commerce  ;  and  without' commerce,  no 
population.  In  proportion  to  the  extent  of  both  is  the  solidity  of  thrones  ;  both 
arc  fed  by  liberty  and  competition,  which  are  the  nursing  mothers  of  the  state,  of 
which  the  spirit  of  monopoly  is  the  tyrant  and  step-mother.  Without  liberty  there 
are  but  few  virtues.  Despotism  breeds  pusillanimity  and  deepens  the  abyss  of 
vices.  Man  is  considered  as  sinning  before  God,  only  because  he  retains  his  free 
will.    Where  is  the  liberty  of  our  planters,  of  our  merchants,  and  of  all  our  other 


f  reminded 
>  apply  to 
ion.    They 

rnt  privilpgcB 
■ominissionpr, 
mere  result  of 
m  llid  liliprlira 
qiiillily,  umlor 
iprfy  acmiiiig 
on  the  condi- 
th  tho  reserves 
,  am)  promises 
1  to  him  hi/  hit 

0  hinL'ovcrnor, 
y  be.  mnihicive 
shall  be  ruled, 
and  cimtomi 

tl  orders  w)iich 
privileges,  tho 

1  of  the  colony, 
y  the  Superior 
iwn.  The  solo 

the  dilTercnt 
lothing  can  bo 
;h  the  inhabit- 

written  to  the 
sliall  here  citCf 
inhabitants  : 
nportunilies  to 
;n  may  desire, 
I  know  that,  in 

n  his  Catholic 
■A  a  sentiment 
ing  good  ser- 

commcrce,  no 
ihrones  ;  both 
[)f  the  state,  of 
it  liberty  there 
s  the  abyss  of 
etains  his  free 
fall  our  other 


»««'-"" 


niSTOIUCAL  MEMOIHS  OF  LOUISI^VXA. 


178 


assured  liim,  moreover,  that  Ullon  liad  no  ground  to  fonr  his 
life  ;  tluit  tlioy  respected  the  title  with  which  he  jjretendcd  to 
bo  invested,  but  at  the  same  time  requested  Aubry  that  the 
assembled  council  should  pronounce. 

inhabitants  !  Protection  and  bcncvohnce  have  given  way  to  despotism  ;  a  single 
authority  would  absorb  and  annihilate  everything.     All  ranks,  witlioiit  diHlinc- 
tion,  can   no  longer,  without  running  the  risk   of  being  taxed    with  guilt,  do 
anything  else  but  tremble,  bow  their  necks  to  tlm  yoke,  and  lick  the  dust.     'I'lie 
Superior  Council,  the  bulwark  of  the  tranquillity  of  virtuous  citizens,  has  sup- 
ported itself  only  by  the  combined  force  of  the  probity  and  disintereslnlnrsK  of 
its  members,  and  of  the  confidence  of  tho  people  in  that  tribunal.  Without  taking 
possession  of  the  colony  ;  without  registering,  as  was  necessary,  in  the  .Superior 
Council,  his  titles  and  patents,  according  to  the  laws,  forms  and  cusloms  of  the 
colony,  and  without  presentation  of  the  act  of  cession,  Mr.  Ulloa  has  caused  a 
president,  three  councilors,  and  a  secretary,  numinaled  for  the  purpose,  to  take 
cognizance  of  facts  which  belonged  to  the  jurisdiction  of  the  Superior  Council, 
and  in  which  French  citizens  were  concerned.     Often  did  dii-contcnts  and  dis- 
gusts seem  to  force  you  to  resign  your  places,  but  you  have  always  considered 
it  as  a  duty  of  your  station  of  councilors  to  the  most  Christian  king,  to  alleviate 
and  calm  the  murmurs  of  the  oppressed  citizens.     The  love  of  your  country,  and 
the  sense  of  the  justice  due  to  every  citizen  who  applies  for  it,  have  nourished 
your  zeal ;  it  has  always  been  rendered  with  the  some  exactness,  although  you 
never  thought  proper  to  make  representations  on  the   infractions  of  the  act  of 
cession.  You  have  always  feared  to  give  encouragement  to  a  mass  of  disconlcrited 
people,  threatened  with  the  most  dreadful  calamities  ;  you  have  prelerred  public 
tranquillity.      But  now  the  whole  body  of  the  planters,  merchants  and  other  in- 
habitants of  Louisiana  apply  to  you  for  justice. 

"  Let  us  now  proceed  to  an  accurate  and  scrupulous  examination  of  tho  griev- 
ances, complaints  and  imputations  contained  in  the  representations  of  the 
planters,  merchants  and  other  inhabitants.  What  sad  and  disma!  pictures  do 
the  said  representations  bring  before  your  eyes  !  The  scourges  of  the  last  war, 
a  suspension  to  this  day  of  the  payment  of  seven  millions  of  tho  king's  paper 
money,  issued  to  supply  the  calls  of  the  service,  and  received  with  confidence  by 
the  inhabitants  of  the  colony,  had  obstructed  the  ease  and  facility  of  the  circula- 
tion ;  but  the  activity  and  industry  of  tho  planter,  and  of  the  French  merchant, 
had  almost  got  the  better  of  all  dilhculties.  'I'he  most  remote  coriicr.s  of  the  pos- 
sessions of  the  savages  had  been  discovered,  the  fur-trade  had  been  carried  to  its 
highest  perfection,  and  the  new  culture  of  cotton,  joined  to  that  of  indigo  and 
tobacco,  secured  cargoes  to  those  who  were  engaged  in  fitting  out  ships.  The 
commissioner  of  his  Catholic  majesty  had  promised  ten  years  of  free  tr.ide,  that 
period  being  sufTicient  for  every  subject  of  France,  attached  to  his  sovereiirn  lord 
and  king.  But  tho  tobacco  of  this  colony  being  prohibited  in  Siiuiii,  whore  those 
of  Havana  are  the  only  ones  allowed,  the  timber  (a  considerable  branch  of  the  in- 


■lyyifW^*  r^ww* 


174 


mSTOmCAL  MEMOIRS  OF  LOUISIANA. 


1| 

ill' 


Aubry  promised  that  tbo  troops  should  be  armed  only 
to  prevent  disorder,  and  to  prevent  any  intended  violence  to 
Ulloa.  lie  was  present  at  the  council,  when  it  was  decided 
that  Ulloa  and  all  the  Spaniards  should  leave  the  colony,  and 

cnmc  of  the  inhabitants)  hcing  ubpIcbs  to  Spain,  which  is  furnished  in  this 
article  by  its  iiossrssions,  and  the  indigo  being  inferior  to  that  of  Guatemala, 
which  suppli(  n  more  than  is  requisite  to  the  manufactures  of  Spain,  the  returns 
of  the  commodities  of  the  inhabitants  of  this  colony  to  the  peninsula  became  a 
ruinous  trade,  and  the  said  inhabitants  were  delivered  up  to  the  most  dreadful 
misery.  His  Catholic  majesty's  commissioner  had  publicly  declared  his  convic- 
tion of  the  impossibility  of  this  country's  trading  with  Spain  ;  all  patronage, 
favor,  encouragement,  were  formally  promised  to  the  inhabitants ;  the  title  of 
protector  was  decreed  to  Mr.  Ulloa ;  the  hope  and  activity  necessary  to  the  suc- 
cess of  the  planter  were  nourished  by  the  faith  and  confidence  reposed  in  these 
assurances  of  the  Spanish  governor. 

"  Hut  by  the  effect  of  what  undcnnining  and  imperceptible  fatality  have  we 
seen  a  house  worth  twenty  thousand  livres  sold  for  six  thousand,  and  plantations, 
all  on  a  sudden,  lose  one-half  or  two-thirds  of  their  intrinsic  value  t  Fortunes 
waste  away,  and  specie  is  more  scarce  than  ever ;  confidence  is  lost,  and  dis- 
couragement becomes  general ;  the  planter's  cries  of  distress  are  heard  on  every 
side  ;  the  j)rccioiis  name  of  subject  of  France  is  in  an  eclipse,  and  the  fatal  decree 
concerning  the  commerce  of  Louisiana  gives  to  ihe  colony  the  last  fatal  stroke, 
which  must  lead  to  its  total  annihilation.  The  Spanish  flag  is  set  up  at  the 
Balize,  at  the  Illinois,  and  other  places ;  no  title,  no  letters  patent  were  pre- 
sented to  the  Superior  Council ;  time  flies  apace  ;  the  delays  fixed  for  the  liberty  of 
emigration  will  soon  expire  ;  force  will  tyrannize.  We  shall  be  reduced  to  live  in 
slavery  and  loaded  with  chains,  or  precipitately  to  forsake  establishments  handed 
down  from  the  grandfather  to  the  grandson.  All  the  planters  merchants,  and 
other  inhabitants  of  Louisiana  call  upon  you  to  restore  to  them  their  sovereign 
lord,  the  king,  Louis  the  well-beloved  ;  they  tender  to  you  their  treasures  and 
their  blood,  Frenchmen  to  live  and  Frenchmen  to  die. 
"  I,et  us  proceed  to  sum  up  the  charges,  grievances  and  imputations  : 
"  Mr.  Ulloa  has  caused  councilors,  named  by  himself,  to  take  cognizance  of 
facts  concerning  French  subjects,  which  appertained  only  to  the  jurisdiction  of 
the  Superior  Council.  The  sentences  of  that  new  tribunal  have  been  signified 
to,  and  put  in  execution  against,  Messrs.  Cadis  and  Lcblanc.  Mr.  Ulloa  has  sup- 
ported the  negroes,  dissatisfied  with  their  masters.  He  has  presented  to  the 
Superior  Council  none  of  his  titles,  powers  and  provisions,  as  commissioner  of 
his  Catholic  majesty  ;  he  has  not  exhibited  his  copy  of  the  act  of  cession,  in 
order  to  have  it  registered ;  he  has,  without  the  said  indispensable  formalities, 
set  up  the  Spanish"flag  at  the  Balize,  at  the  Illinois,  and  at  other  places  ;  he  has 
without  legal  authority,  vexed,  punished  and  oppressed  subjects  of  France  ;  he 
has  even  confined  some  of  them  in  the  frigate  of  his  Catholic  majesty  ;  has,  by 


1 
I 


HISTORICAL  MEMOIRS  OF  LOUISIANA, 


176 


■med  only 
iolence  to 
\s  decided 
>lony,  and 

Hheil  in  this 
f  Guatemala, 
1,  the  returns 
lula  became  a 
most  dreadful 
»d  his  convic- 
ill  patronage, 
;  the  title  of 
ry  to  the  suc- 
)08ed  in  these 

ality  have  wo 
d  plantations, 
B  t     Fortunes 

lost,  and  dis- 
leard  on  every 
le  fatal  decree 
t  fatal  stroke, 

set  up  at  the 
ent  were  prc- 
r  the  liberty  of 
iced  to  live  in 
mcnts  handed 
lerchants,  and 
icir  sovereign 
treasures  and 

ons  : 

cognizance  of 
jurisdiction  of 
been  signified 
Ulloa  has  sup- 
!Qented  to  the 
mmissioner  of 
of  cession,  in 
lie  formalities, 
jiaces ;  he  has 
of  France  ;  he 
jesty  ;  has,  by 


that  the  act  of  taking  possession  should  not  be  attempted  till 
the  French  king  had  answered  the  representations  of  tho 
inhabitants,  whose  deputies  were  named  to  bear  them,  Ulloa 
iu  fact  left  the  colony.    This  frigate  did  nofcgicavo  till  live 

his  authority  alone,  usurped  thf  fourth  part  of  the  common  of  the  inhabitants  of 
the  town,  has  appropriated  it  to  himself,  and  has  caused  it  to  be  fenced  in,  that 
his  horses  might  graze  there. 

"  Having  maturely  weighed  all  this,  I  require  in  behalf  of  tho  king  : 
"  That  the  sentences  pronounced  by  tho  councilors  nominated  for  the  purpose, 
and  put  in  execution  against  Messrs.  Cadis  and  Leblanc,  subjects  of  Franco,  be 
declared  encroachments  upon  the  authority  of  our  sovereign  lord,  the  king,  and 
destructive  of  the  respect  due  to  his  supreme  justice,  seated  in  the  Superior 
Council,  iiiaNmuch  as  lliey  violate  the  laws,  forms  and  customs  of  the  colony, 
confirmed  and  guarantied  by  the  solemn  act  of  cession. 

"  That  Mr.  Ulloa  be  declared  to  have  violated  our  laws,  forms  and  customs, 
and  the  orders  of  his  Catholic  majesty,  in  relation  to  the  act  of  cession,  as  it  ap- 
pears by  his  letter,  dated  from  Havana,  on  the  10th  of  July,  1765. 

"  That  he  be  declared  usurper  of  illegal  authority,  by  causing  subjects  of 
France  to  be  punished  and  oppressed,  without  having  previously  complied  with 
the  laws,  forms  and  customs,  in  having  his  powers,  titles  and  provisions  regis- 
tered by  the  Superior  Council,  with  the  copy  of  tho  act  of  cession. 

"  That  .Mr.  Ulloa,  commissioner  of  his  Catholic  majesty,  be  enjoined  to  leave 
the  colony  in  tho  frigate  in  which  he  came,  without  delay,  to  avoid  accidents  or 
now  clamors,  and  to  gj  and  give  an  account  to  his  Catholic  majesty  ;  and,  with 
regard  to  the  different  posts  established  by  the  said  Mr.  Ulloa,  that  he  be  desired 
to  leave  in  writing  such  orders  as  he  shall  think  necessary ;  that  he  be  declared 
responsible  for  all  the  events  which  he  might  have  foreseen  ;  and  that  Messrs. 
Aubry  and  Foucault  be  requested,  and  even  summoned,  in  the  name  of  our 
sovereign  lord,  the  king,  to  govern  and  administer  the  colony  as  heretofore. 

"That  no  ship  sailing  from  this  colony  shall  be  dispatched  without  passports 
signed  by  Mr.  Foucault,  as  intendant  commissary  of  his  most  Christian  majesty. 
"  That  the  taking  possession  of  the  colony  can  neither  be  proposed  nor  at- 
tempted by  any  means,  without  new  orders  from  his  most  Christian  majesty. 

"That  Messrs  Loyola,  Gayarre  and  Navarro  be  declared  guaranties  of  their 
signature  on  the  bonds  which  they  have  issued,  if  they  do  not  produce  the  orders 
of  his  Catholic  majesty,  empowering  them  to  issue  said  bonds  and  papers ;  and 
that  a  sufficient  time  be  granted  to  settle  their  accounts. 

"That  the  planters,  merchants,  and  other  inhabitants,  be  empowered  to  elect 
deputies  to  carry  their  petitions  and  supplications  to  our  sovereign  lord,  the 

"  That  it  be  resolved  and  determined  that  the  Superior  Council  shall  make  re- 
presentations to  our  sovereign  lord,  the  king  ;  that  its  decree,  when  ready  to  be 
issued,  bo  read,  set  up,  published  and  registered. 

"  That  collated  copies  thereof  be  sent  to  his  grace  the  Duke  of  Praslin,  with  a 


mj^iiiin^:nm..tAt***i^   '"' 


170 


HISTORICAL  MEMOIIIS  OF  LOUISIAXA. 


months  after;  the  garrisons  that  he  had  stationed  in  the 
various  forts  along  the  river  all  fell  back  on  that  of  New- 
Orleans.  This  wan  all  done  without  the  slightest  insult  to  the 
Spanish  flag,  m  the  Spaniards  who  remained  in  the  colony. 

letter  to  the  Suprrior  Council,  and  likrwisc  to  all  the  poitH  of  the  colony,  to  b« 
lliero  road,  set  up,  pulilishcd  and  registered." 

Tlip  report  being  lieard  of  Messrs.  Hucliet  de  Kcrnion  and  Riot  do  Launay, 
counrilors  and  coniniissioncrs  appointed  for  this  |)urpose,  the  whole  being  duly 
weighed,  and  the  subject  deliberated  upon,  the  attorney-general  having  been 
heard  and  having  retired  : 

The  council,  composed  of  thirteen  members,  of  which  nix  were  named  nd  hoe, 
having  each  of  Ihcni  given  his  opinion  in  writing,  pronouncing  uj)on  the  said  rc- 
prcBcntalions,  has  declared  and  dccl.ires  the  sentences  rendered  liy  the  councilors 
nominated   by  Mr.  Ulloa,  and  carried  into  execution  against  Messrs.  Cadis  and 
Loblar.c,  subjects  of  France,  to  be  encroachments  upon  the  authority  of  our 
sovereign  lord,  the  king,  and  destructivelof  the  respect  due  to  his  supremo  justice, 
vested  in  hi*  Superior  Council ;    has  declared,  and  declares  him  a  usurper   of 
illegal   authority,  in  causing  subjects  of  France  to  be  punished  and  oppressed, 
without  having  previously  complied  with  the  laws  and  forms,  having  neither 
produced  his  powers,  titles  and  provisions,  nor  caused  them  to  be  registered,  and 
that  to  the  prejudice  of  the  privileges  insured  to  them  by  the  said  act  of  cession  ; 
and,  to  prevent  any  violence  of  the  populace,  and  avoid  any  dangerous  tumult, 
the  council,  with  its  usual  prudence,  finds  itself  obliged  to  enjoin,  as  in  fact  it 
enjoins,  Mr.  Ulloa  to  quit  the  colony,  allowing  him  only  the  space  of  three  days, 
either  in  the  frigate  of  his  Catholic  majesty  in  which  he  came,  or  in  whatever 
vessel   he  may  think  proper,  and  go  and  give  an  account  of  his  conduct  to  his 
Catholic  majesty.     It  has  likewise  ordained,  and  it  ordains  that,  with  regard  to 
the  posts  established  by  him  at  the  upper  part  of  the  river,  he  shall  leave  such 
orders  as  he  judges  expedient,  making  him  at  the  same  time  responsible  for  all 
the  events  which  he  might  have  foreseen.    It  has  requested,  and  requests  Messrs. 
Aubry  and  Foucault,  and  even   summoned  them  in  the  name  of  our  sovereign 
lord,  the  king,  to  command  and  govern  the  colony  as  they  did  heretofore.     At 
the  same  lime,  it  expressly  forbids  all  those  who  fit  out  vessels,  and  all  captains 
of  ships,  to  dispatch  any  vessel  with  any  other  passport  than  th.il  of  Mr.  Fou- 
cault, who  is  to  do  the  office  of  intendant  commissary ;  it  has  also  ordered,  and 
orders,  that  the  taking  possession  for  his  Catholic  majesty  can  neither  be  pro- 
posed nor  attempted  by  any  means,  without  new  orders  from  his  most  Christian 
majesty  ;  that,  in  consequence,  Mr.  Ulloa.  shall  embark  in  the  space  of  three 
days  in  whatever  ship  he  shall  think  proper. 

With  regard  to  what  relates  to  Messrs.  Loyola,  Gayarro  and  Navarro,*  the  coun- 
cil has  decreed  that  they  may  slay  in  the  colony  and  discharge  their  respective 
functions  until  they  have  received  new  orders  from  his  Catholic  majesty,  and  shall 

•  Onicors  of  the  crown  who  accompanied  the  expedition  of  O'Rielly. 


H#Wi:.VSi^.^M^.«.-M.?J.i*MMM«. 


3(1  in  tlie 
t  of  New- 
suit  to  the 
ic  colony. 

colony,  to  be 

ilo   Launay, 

Ic  liriiig  duly 

having  been 

nnmod  nd  hoc, 
111  the  saiil  rc- 
:he  councilors 
iTs.  Cadis  and 
ihority  of  our 
promo  justice, 

a  UHiirpor  of 
ind  oppressed, 
aving  neither 
cgistnred,  and 
ct  of  cession  ; 
Tcrous  tumult, 
n,  as  in  fact  it 
I  of  three  days, 
jr  in  whatever 
;onduct  to  his 
with  regard  to 
lall  leave  such 
^onsible  for  all 
quests  Messrs, 

our  sovereign 
eretofore.  At 
nd  all  captains 
U  of  Mr.  Fou- 
io  ordered,  and 
leither  be  pro- 
most  Christian 
space  of  three 

trro,*  the  coun- 
heir  respective 
jesty,  and  shall 

ielly. 


^t-»t-^-i»ii»wia*^lw-~iifc-3«»tiT^"^'  ^ii'irtjiiw  • 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


m 


From  their  own  lips,  the  Spanish  court  should  have  taken 
cvidonce  of  tho  moderation  of  the  colonists  in  so  critical  a 
moment.  The  unanimous  report  of  all  strangers  there  makes 
it  out  to  have  been  a  most  extraordinary  and  suriirising  event 
for  the  order,  decency  and  moderation  to  which  all  sponta- 
neously contributed.  These  testimonials  of  attachment  to  tho 
king  of  France  were  the  only  clamors  that  disturbed  silence 
and  tranquillity  during  tho  three  days  that  the  inhabitants 
were  assembled  at  New-Orleans,  Immediately  after  UUoa's 
departure  peace  and  tranquillity  reigned.  Aubry  met  with 
the  most  marked  obedience  from  the  colonists,  who  awaited 
news  from  France,  in  the  fond  hope  that  there  would  be  no 
change  of  rule. 

remain  eureties  of  their  signatures  for  the  bonds  they  have  issued,  except  they 
produce  the  orders  of  his  Catholic  majesty.  It  has  likewise  authorized,  and  author- 
izes the  planters  and  merchants  to  choose  whatever  persons  they  think  proper,  to 
take  up  their  petition  to  our  sovereign  lord,  the  king,  and  has  decreed  that  the  Supe- 
rior Council  shall  in  like  manner  make  representations  to  our  sovereign  lord,  the 
king  ;  it  orders  that  the  present  decree  shall  be  read,  printed,  set  up,  published 
and  registered  in  all  places  and  posts  of  this  colony,  and  that  a  copy  of  it  shall 
be  sent  to  his  grace  the  Duke  of  I'raslin,  Minister  of  tho  Marine  Department. 

We  order  all  our  baililTa  and  sorg.  ants  to  perform  all  the  acts  and  ceremonies 
requisite  for  carrying  the  present  decree  into  execution  ;  we,  at  tho  same  time, 
empower  them  to  do  so.  We  also  enjoin  the  substitute  of  tho  king's  attorney- 
general  to  superintend   its  ;cxecution,  and  to  apprise  tho  court  of  it  in  due  time. 

Given  at  the  Council  Chamber,  on  the  2Uth  of  October,  17G8. 

By  the  Council, 

Gakic, 

Principal  Secretary. 

I  protest  against  the  decree  of  the  council  which  dismisses  Don  Antonio  de  Ulloa 
from  this  colony.  Their  most  Christian  and  Catholic  majesties  will  bo  offended 
at  the  treatment  inflicted  on  a  person  of  his  character;  and,  notwithstanding  the 
small  force  which  I  have  at  my  disposal,  I  would,  with  all  my  might,  oppose  his 
departure,  were  I  not  apprehensive  of  endangering  his  life,  as  well  as  the  lives  of 
all  the  Spaniards  in  this  country. 

Deliberated  at  the  Council  Chamber,  this  29th  of  October,  1768. 

(Signed)        Aubby. 

n 


178 


I 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


THIRD    PART. 


SECTION  II. 


FROM  THE  DEPARTURE  OF  DON  ANTONIA  ULLOA  TO  THE  TEAR  1771. 

Deputies*  had  been  named  to  bear  to  tlic  King  of  France 
tbc  testimonials  of  tlio  attaclimcnt  of  liis  faithful  subjects  in 
Louisiana,  who  asked  only  to  live  and  die  as  Frenchmen;  but 
these  deputies  could  not  reach  Europe  before  the  end  of  March. 
llUoa  had  arrived  there  six  weeks  before,  and  had  represented 
his  own  conduct  and  that  of  the  inhabitants  in  such  colors  as 
he  chose,  and  the  Sovereign  Hand  which  directs  all  events 
did  not  permit  the  truth  to  penetrate  first  to  the  courts  of 
Madrid  and  Versailles. 

The  act  passed  between  Aubry  and  Ulloa,  of  which  it  is  need- 
less to  show  the  informality,  had  apparently  enabled  Ulloa  to 

♦  Tlie  deputies,  St.  Lette  and  Lesassier,  presented  the  following  petition  to  the 
Duke  de  Choiseul,  minister  of  the  king,  on  their  arrival  in  Paris : 

PETITION  OK  THE  COLONISTS  AND  MBRCHANTS  TO  THJB  KINO. 

Sire,— It  has  pleased  your  majesty  to  cede,  by  a  particular  act  signed  at  Fon- 
tainebleau,  3d  of  November,  1762,  ail  your  country  known  by  the  name  of  Louisi- 
ana, together  with  New-Orleans  and  the  island  on  which  this  city  is  situated,  to 
his  Catholic  majesty. 

A  feeble  motive  of  consolation  stirted  our  grief-it  was  the  hope  of  a  protection 
and  good-will,  like  that  experienced  under  your  happy  sway,  and  such  as  your 
sacred  promise,  in  your  majesty's  letter  to  Monsieur  d'Abadie,  of  April  21,  1764, 
leads  us  to  expect.  Our  artectionate  obedience  silenced  our  regret  till  an  un- 
known and  strange  vexation  has  wrung  from  us  cries  too  long  withheld.  An 
officer,  (Don  Anlonio  de  Vlloa,)  who,  without  justifying  his  titles,  pretends  to 
orders  from  his  Catholic  majesty,  has  presented  us  new  laws,  destructive  of  our 
commerce,  abrogating  our  privileges,  and  attacking  our  liberties.  Our  goods,  in 
less  than  the  thirty  months  of  his  sla,  ^st  two-thirds  of  their  value  ;  culti- 

Tation  became  useless,  and  our  efforts  in  every  branch,  hampered  by  multiplied 


"-^itist 


y   »f 


r  of  France 
subjects  in 
hmen;  but 
(1  of  March, 
represented 
li  colors  as 
I  all  events 
e  courts  of 

;li  it  is  need- 
ed Ulloa  to 

[  petition  to  the 

NO. 

signed  at  Fon- 
lame  of  Louisi- 
|r  is  situated,  to 

i  of  a  protection 
ul  such  as  your 
April  21,  1764, 
■gret  till  an  un- 
witlilield.  An 
ies,  pretends  to 
Biructive  cf  our 
Our  goods,  in 
iir  value  ;  culti- 
d  \>y  niullipUed 


-^"ITT 


'liV'^'V 


.»  a  f«v 


-oT'-r- 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


179 


represent  tlic  inhabitants  of  Louisiana  as  criminal  to  the  Span- 
ish king.     France,  on  the  other  hand,  regarding  the  cession  as 
long  since  consummated,  would  scarcely  listen  to  the  deputies; 
and°thc  answer  made  to  their  representations  was,  that  nothing 
could  be  done  in  the  matter,  as  it  was  altogether  in  the  hands 
of  Spain.    Yet,  when  it  was  proved  to  the  coart  of  Versailles 
that  the  government  of  Aubry  had  not  ceased  in  Louisiana, 
and  that  since  the  peace  all  had  been  conducted  in  the  name  of 
the  French  king;  when  they  saw  the  details  of  Ulloa's  con- 
duct and  that  of  the  French  governor  and  inhabitants,  all  were 
indignant  against  the  Spaniards  and  filled  with  contempt  for 
the  French  governor,  and  they  wept  with  joy  to  sec  in  the 
Louisianiars  the  patriotism  which  all  discovered  in  their  hearts. 
All  admired  the  wise,  firm,  moderate  and  reflective  conduct  of 
the  colonists,  and  all  France  looked  with  anxiety  on  the  result. 
The  French  ministry  felt  that  they  could  not  without  injustice 

efforts  (restrictions  1),  became  a  fruitless  toil.  We  have  had  recourse  to  the 
magistrates  appointed  by  your  majesty  to  assemble  the  people  under  your  august 
law°s  •  we  have  exposed  to  them  the  excessive  evils  accrued,  our  zeal,  our  lovo 
for  our  natural  sovereign,  and  his  promises  announced  in  his  letter,  registered,  as 
he  directed,  in  our  sUUe  office,  to  have  reco.r.e  to  in  nred.  They  have  enjo.n^ 
the  envoy  of  his  Catholic  majesty  to  depart  in  throe  days,  and  have  authorized 
us  to  come  to  the  foot  of  the  throne,  .ire.  to  implore  your  clemency,  clann  your 
protection,  and  present  our  petition. 

The  execution  of  the  treaty  of  cession  has  not  even  begun  on  our  part.     The 

French  flag  alone  has  hitherto  appeared  on  our  square,  and  at  the  head  of  our 

militia.     The  French  flag  alone  has  been  hoisted  on  our  shippmg.     Justice  is 

exercised,  sire,  in  your  name  alone,  and  our  churches  echo  with  prayers  for  your 

august  plrson  only.     We  are  Frenchmen  still,  and  too  happy  to  transmit  the 

.      name  to  our  children  ;  it  is  a  choice  title,  which  we  deem  a  part  of  our  inhentance^ 

Deign,  sire,  to  have  an  account  rendered  to  you  of  the  details  set  forth  in  our 

memoir,  which  contains  only  facts  and  wishes  of  universal  notoriety,  and  is  ad, 

dressed  to  the  world.  •  •  „,   „„,i 

Dei.'n  to  take  back  under  your  beloved  sway  your  colony  of  I-ouisiana,  and 

dispos;  at  your  will  of  the  blood,  property  and  families  of  your  faithful  subjects, 

.ncrchants  and  colonists  of  said  province,  who,  by  the  voice  of  their  deputie  , 

make  you  sincere  offers  of  the  most  ardent  zeal,  respectful  submission  and  invi- 

olatc  attachment. 


^•i*M:a*BK:---.  <- , 


TTT 


180 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


^ 


abandon  subjects  whose  only  crime ,  in  the  eyes  of  the  Span- 
iards, was  their  too  great  attachment  to  a  king  who  so  well 
deserved  the  title  of  woll-beloved.  Tliey  intended  to  write  to 
Spain,  but  it  was  too  late ;  the  dcla^  had  been  too  great ;  tho 
blow  was  struck.  The  council  at  Madrid  had  not  unreasonably 
feared  that  i** ranee  might  discover  the  mendacity  of  UUoa's 
report*  and  a  :mand  justice.  No  expedition  accordingly  was 
ever  got  up  with  greater  celerity  in  Spain.  Orders  were 
already  given.  O'Keilly,  lieutenant-general,  was  already 
cleared  for  Havana,  with  orders  to  proceed  to  Louisiana 
and  take  possession  in  the  name  of  the  Spanish  king. 

We  approach  the  dreadful  moment  that  is  to  decide  forever 
the  fate  of  the  colony.  Before  casting  our  eyes  on  the  scenes 
of  horror  I  have  yet  to  trace,  let  us  go  to  Louisiana  and  see 
how  the  inhabitants  were  employed  after  Ulloa's  departure. 

Along  tho  river  I  admire  the  happy  fruits  of  liberty  and 
contentment ;  all  redoubled  their  efforts  ;  the  plantations  are 
in  the  flnest  state ;  the  revenues  will  be  greater  than  they 
were  in  times  of  torpidity  caused  by  Ulloa's  stay.  Everywhere 
joy  and  peace  reign  undisturbed;  the  hope  of  being  French- 
men inspires  all,  and  the  government  which  the  inhabitants 
enjoy  gives  new  life  to  all  the  colony.  "What  is  that  building 
which  I  behold  rising  in  the  midst  of  the  city  ?  It  is  the 
temple  of  the  Lord ;  it  is  a  tribute  of  thanksgiving  offered  by 

♦  Ulloa's  report  contains  about  300  manuscript  pages.  It  is  very  full  and  well 
drawn  up.  It  gives  an  account  of  his  expulsion,  and  clearly  shows  that  Aubry 
was,  in  the  whole  matter,  the  principal  informer  against  the  patriots  ;  that  La- 
freniore,  Foucault,  Noyan,  Marquis,  Villerc  and  others,  had  planned  the  revolu- 
tion ;  that  it  was  not  so  much  for  the  purpose  of  getting  rid  of  the  Spanish 
governor,  as  to  declare  the  province  independent  ;  that,  for  that  purpose,  Noyan 
and  Massan  were  deputed  to  tho  English  governor  of  Florida,  for  the  purpose  of 
securing  protection  of  the  British  government ;  that  the  governor  having  refused 
his  aid,  the  address  to  France  was  resorted  to  as  the  means  of  concealing  their 
plan.  This  document  is  full  of  interest,  and  its  particulars  are  fully  corroborated 
by  tho  letters  of  Aubry  to  tho  French  mimsieT.— Archive t  of  France. 


m' 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


181 


tlic  Span- 
10  so  well 
)  write  to 
rcat ;  tho 
casonably 
oi  UUca's 
ingly  was 
ders  were 
3  already 
Louisiana 
dng. 

de  forever 
the  scenes 
a  and  see 
parturc. 
iberty  and 
tatious  are 
til  an  tliey 
very  where 
ig  Frcucli- 
nhabitants 
it  building 
It  is  the 
offered  by 

full  and  well 
fs  that  Aubry 
ots  ;  that  La- 
'd  the  rcvolu- 

the  Spanish 
irpose,  Noyan 
he  purpose  of 
aviiig  refused 
iccaling  their 
'  corruborated 
ce. 


the  colony  to  Ilim  who  directs  events.  They  will  soon  chant 
his  praises  there— it  will  soon  echo  with  the  prayers  of  each 
citizen  for  his  king.  Further  on,  I  sec  another  building; 
curiosity  leads  me  to  it.  On  its  portal  is  this  beautiful  inscrip- 
tion: 

^^  Asylum  for  the  Poor  and  tite  Orphan." 

Within  I  see  beds  for  the  sick,  rooms  for  the  lying-in,  nurses 
for  orphans,  and  paupers  to  be  supported.     All  is  in  complete 
order.     The  rooms  are  so  arranged  that  help  is  given  to  each 
in  season,  without  noise  or  confusion.     I  ask  to  whom  we  owe 
this  establishment,  and  the  foundation  of  the  church  which 
I  see  rising.      "  To  the  patriotism  of    the  citizens,"  is  the 
answer,  "  and  to  their  respect  for  the  Deity,  to  our  mutual  love, 
to  the  pity  inspired  by  the  unfortunate,  but  of  which  we  had 
but  a  faint  idea  previous  to  Ulloa's  coming."   A  imanimous  im- 
pulse has  founded  these;  the  general  voice  proposed  them;  each 
gave  according  to  his  means,  without  tax  or  impost.     One  gave 
the  wood  necessary  for  the  framework;   another,  building 
materials ;  one,  beds ;  and  then,  furniture.     All  strove  in  emu- 
lation,  and  have  thus  provided  the  funds  necessary  for  the  ex- 
pense incurred  in  this  hospital. 

"  O  virtue !"  I  cried,  full  of  enthusiasm ;  "  0  divine  patriotism ! 
of  what  are  we  not  capable,  when  inQamed  by  thy  sacred  lire! 
Among  what  men  am  I  transported  I     0  you,  whom  I  see 
ready  to  condemn  them  as  seditious  rebels,  judge  whether  such 
actions  would  take  place  amid  the  tumult  of  a  revolt ;  and 
whether  hearts,  crushed  under  the  weight  of  remorse  which 
follows  the  intoxication  of  sedition,  would  be  capable  of  senti- 
ments so  pure,  so  indicative  of  the  tranquillity  of  soul  and  con- 
science !   0  happy  monarch  that  reigns  over  the  French !  how 
worthy  are  such  subjects  of  thy  support !     What  happiness  do 
they  not  deserve  to  enjoy!     Their  lot  should  ever  be  to  see 


I 


'•-f~~f.,,    sfllSi 


P.;,stv«w*  ^>>iWi*^a«S*4*--J-i«Sii^^-»Viw»^«e''«*^ ' 


1^    JF 


182 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


ever  flourishing  under  thy  sway  the  sentiments  of  religion, 
humanity,  charity  and  generosity,  whioh  I  see  displayed  at  a 
moment  when  their  will  has  no  guide  but  their  heart,  and  r.o 
check  but  the  desire  of  proving  to  the  whole  world  their  attach- 
ment to  thee  I  These  feelings  arc  upheld  by  the  hope  of  living 
under  thy  happy  laws,  and  seeing  their  children  enjoy  this 
happiness  with  them." 

But  whence  comes  this  general  murmur  throughout  the  city? 
They  whisper,  they  dare  not  raise  their  voice,  they  come  and 
go  without  knowing  what  they  do.  Pallor  sits  on  every  face, 
and  tears  soon  begin  to  flow.  Sobs  stifle  cries  of  grief.  I 
share  in  the  general  fright.  I  ask  the  cause  of  this  public 
alarm,  of  the  frightful  evil  with  which  each  seems  over- 
powered. 

"  We  are  lost,"  says  a  citizen  to  me ;  "  our  king  abandons 
us ;  the  Spaniards  arc  at  the  Balize,  and  are  coming  to  take 
possession  of  the  colony." 

This  news  was  the  less  credible,  as  letters  which  arrived  on 
the  19th  of  July  in  that  year  left  the  colony  some  hope  of  not 
passing  under  the  Spanish  sway,  and  it  was  now  only  the  25th. 
The  news  was  but  too  soon  confirmed.  A  Spanish  officer,*  dis- 
patched by  O'Reilly,  brought  Aubry  a  letter,  by  which  that 
commander  announced  that  he  came  in  the  name  of  the  king, 

♦  This  officer  was  Don  Francisco  Bouligny,  a  gentleman  of  noble  birth.  He 
was  born  in  .\licant,  Spain,  on  the  5th  of  March,  1735,  and  entered  the  army  as 
a  cadet  at  the  age  of  eighteen.  In  1762  he  went  to  Havana  with  his  regiment, 
where  he  remained  until  he  was  ordered  to  join  the  expedition  to  Louisiana.  On 
the  34lh  of  July,  the  fleet  arrived  at  the  mouth  of  the  Mississippi.  On  the  next 
day  ho  was  dispatched  by  O'Reilly  to  New-Orleans  with  a  letter  to  M.  Aubry, 
announcing  his  arrival  to  take  possession  of  the  province.  On  the  26th,  he  re- 
turned to  the  Balize,  and  in  a  few  days  after  he  was  ordered  to  repair  again  to 
the  city  to  prepare  quarters  for  the  Spanish  troops  of  the  expedition.  After  the 
departure  of  O'Reilly  for  Spain,  Col.  Bouligny  remained  in  New-Orleans  at  the 
head  of  his  regiment,  until  he  was  ordered  to  join  the  expedition  of  Galvcz,  which 
took  Mobile  and  Pcnsacola  in  1780-'l.     For  his  daring  exploits  in  this  campaign 


•^-,  ,t  li^-f^i  ■■  <  V— -'i  -^  'f-i 


'^pM'l^-f. 


■w 


"""W 


■•rw 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


183 


f  religion, 
ayed  at  a 
rt,  and  r.o 
eir  attach- 
e  of  living 
enjoy  tliia 

it  the  city? 
come  and 
jvery  face, 
F  grief.  I 
.liis  public 
ems  over- 

f  abandons 
Qg  to  take 

arrived  on 
ope  of  not 
y  the  25th. 
»fBeer,*  dis- 
which  that 
f  the  king, 

)le  birth.  He 
;J  the  army  as 
1  his  regiment, 
Louisiana.  On 
On  the  next 
r  to  M.  Aubry, 
:ie  26tii,  he  re- 
repair  again  to 
on.  After  the 
-Orleans  at  the 
■  Galvcz,  which 
1  this  campaign 


his  master,  to  take  possession  of  the  colony,  to  reduce  it  to  sub- 
r^ission  in  case  of  opposition,  but  to  load  it  with  benehts,  if  he 
wa.. received  as  he  was  entitled  to  expect.  This  letter  wa.. 
accompanied  by  orders  from  the  king  of  Erance  to  Aubry  to 
surrender  the  colony  to  the  Spaniards. 

Aubry  who  knew  the  intention  of  the  colonists  to  refuse 
absolutely  the  Spanish  rule,  and  to  prevent  their  entering  the 
river,  without  positive  orders  from  the  French  king,  immedi- 
ately published  those  he  had  received.    He  had  also  precau- 
tions to  take  against  an  emigration  on  which  the  colonists 
seemed  bent.     He  accordingly  convoked  a  general  assembly  ; 
read  O'Reilly's  letter,  with  its  promise  of  favorable  treatment, 
if  they  did  not  oppose  his  taking  possession,  but  also   his 
threats  in  case  of  refusal.     These  threats  produced  an  effect 
contrary  to  what  Aubry   expected,   so  unfit  were  they  to 
intimidate  the  people  of  Louisiana.     Besides,  all  knew  that  two 
hundred  resolute  men  could  have  prevented  O'Reilly  s  reach- 
in<r  New-Orleans,  although  that  Spanish  general  had  three 
thousand  men,  regulars  and  militia,  in  twenty-five  transports. 
To  feel  convinced  of  this,  it  is  enough  to  have  some  idea  of  the 
country.     It  is  easy  then  to  judge  of  the  effects  of  O'Reilly  s 
threats.    They  roused  the  resolute  to  action  ;  white  cockades 
were  worn ;  all  were  ready  to  march  against  the  enemy,  when 
M.  de  la  Freni^re,*  attorney-general,  a  member  of  the  Superior 

he  wa«  promoted  to  the  rank  of  brigadier-general.  He  died  in  New-Oto  on 
the  25th  of  NoTember,  1800,  and  was  buried  with  m.htary  honors  m  the  Cathedral 
ofthatcitv      His  name  is  among  the  most  honored  in  Louisiana. 

In  eJn,  Colonel  BouUgny  w^s  rather  tall  and  slight,  with  a  "ob  e  mihUry 
bearing  easy  and  dignified  in  his  manners,  and  warm  m  his  riendsh.p^ 
So  mild  and  conciliatfng  wore  his  actions,  that  obedience  went  hand  and  hand 
lirlts  comm.nd  ;  while  his  ardor  and  zeal  for  the  service  of  his  country 
seemed  rather  to  seek  the  post  of  danger  than  to  avoid  it. 

rNicholas  Chauvin  de  la  Freniere,  Attorney-General  of  Louisiana,  was  born 
in  the  same  year,  (1736,)  which  gave  ^irtU  to  the  great  American  orator  and 
.talesman,  Patrick  Henry,  of  Virginia;  and,  like  him,  ho  was  a  Inend  to 


I 


I 
I 
I 

i 


f. 


'■ 


IM 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


Council,  an  eloquent  man,  in  whom  tliey  had  the  greatest 
confidence,  arrested  this  tide  by  an  address  in  substance  as 
follows : 

"  Fellow-citizens!  When  you  came  to  present  to  the  council 
your  just  representations,  which  his  majesty  authorized  in  the 
act  of  cession,  you  saw  me  approve  your  patriotic  zeal,  and 

republican  form  of  government  and  liberal  institutions.  These  two  champions 
of  liberty  came  upon  the  stage  of  action  together,  about  the  same  time,  and  both 
were  highly  gifted  for  their  cloijucnce. 

The  question  of  taxing  America  had  just  been  agitated  by  the  British  parlia- 
ment, and  had  created  a  great  deal  of  excitement  in  the  North  American 
colonies,  when  Lafrcnifere  came  into  oflicc.  The  stamp  act  was  passed 
in  January,  17(>5,  and  the  spirit  of  resistance  to  this  arbitrary  measure  flew  from 
Maine  to  Georgia,  and  found  a  response  in  the  bosoms  of  the  patriots  of  Louisi- 
ana. The  question  with  them  was  not,  however,  whether  the  colony  of  Louisi- 
ana should  be  taxed,  but  whether  Frenchmen  could  be  transmuted  into  Spaniards 
■without  their  consent,  and  r.uled  with  military  despotism.  In  the  discussion 
of  this  vital  question  to  their  happiness  and  political  well-being,  the  attorney- 
general  took  sides  with  the  people,  and  resisted  the  Spanish  occupation  of  the 
country.  From  this  moment  he  was  looked  upon  by  them  as  the  great  champion  of 
liberty  ;  and  his  conduct  throughout  the  struggle  for  independence  was  firm  and 
undaunted. 

Early  in  the  year  1765,  a  general  meeting  of  inhabitants  and  planters  was 
convened  in  the  city  of  New-Orleans  for  the  purpose  of  discussing  the  subject 
of  their  distracted  condition,  and  sending  to  the  throne  of  France  their  united  ap- 
peal for  royal  interposition  in  their  behalf. 

Lafreniere  made  on  this  occasion  an  eloquent  speech  on  the  situation  of  the 
colony,  and  ofl'ered  a  resolution  to  supplicate  the  king,  which  was  unanimously 
adopted  ;  and  Jean  Milhet,  of  New-Orleans,  was  selected  to  carry  the  petition  to 
the  foot  of  the  throne. 

The  minister  (Do  Choiseul)  was  averse  to  the  petition,  and  artfully  prevented 
him  from  having  an  interview  with  the  king.  Milhet  returned  to  Louisiana,  and 
reported  the  unsuccessful  result  of  his  mission.  Still  the  colonists  continued  to 
flatter  themselves  with  the  hope  that  the  treaty  of  cession  would  not  be  carried 
into  execution,  and  Milhet  was  sent  again  to  France  with  the  same  result. 

Many  of  the  colonists  became  desperate  ;  and  began  to  manifest  their  opposi- 
tion to  Ulloa,  who  still  declined  a  public  recognition  of  his  authority  as  governor. 

Public  meetings  were  held  in  dilFercnt  parts  of  the  province,  and  delegates 
were  appointed  to  meet  in  convention  in  New-Orleans.  This  convention  peti- 
tioned the  Suj)erior  Council  to  direct  Ulloa  to  leave  the  province.  They  de- 
nounced him  a  disturber  of  the  public  peace,  and  he  was  ordered  to  depart  from 
the  colony  in  three  days'  time.  The  speech  delivered  by  Lafreniero  on  this 
occasion  is  a  masterly  piece  of  eloquence  and  logical  argument.    "  In  it  there  is 


^%fr»-'i-  "1 


T   "»• 


HISTORICAL  MEMOIRS  OF  LOUISI.VNA. 


185 


greatest 
stance  as 

10  council 

ied  in  tlie 

zeal,  and 

>  champions 
ne,  and  both 

'itish  parlia- 
1  American 
was  passed 
re  flew  from 
s  of  Louisi- 
ly  of  Louiei- 
,0  Spaniards 
!  discussion 
[le  attorncy- 
ation  of  the 
chaiiipiunof 
vas  firm  and 

[ilanters  was 
:  the  subject 
ir  united  ap- 

ation  of  the 
inanimously 
le  petition  to 

Ijpreyented 
luisiana,  and 
continued  to 
Bt  be  carried 
result, 
heir  opposi- 
as  governor, 
id  delegates 
mention  peti- 
They  de- 
depart  from 
iero  on  this 
n  it  there  is 


your  demands  were  satisfied.  The  common  desire  is,  I  am 
aware,  the  ratification  of  tlie  articles  of  the  act  of  cession,  and  the 
accomplishment  of  the  orders  of  our  well-beloved  king;  now 
his  majesty  orders  the  transfer  of  the  colony  to  the  Siiaiiiards, 
and  M.  O'Keilly,  who  has  come  to  take  possession  in  the  name 
of  his  Catholic  majesty,  makes  you,  on  his  behalf,  the  most 

a  passage,"  says  Gayarre,  "  of  which  Louisiana  may  well  be  proud,  and  of  which 
she  can  boast,  as  having  been  spoken  by  one  of  her  most  favored  patriots," 

"In  proportion,"  said  he,  "to  the  extent  both  of  commerce  and  population  is 
the  solidity  of  thrones  ;  both  are  fed  by  liberty  and  competition,  which  are  the 
nursing  mothers  of  the  state,  of  which  the  spirit  of  monopoly  is  the  slopiiiother. 
WUhont  liherlif  there  are  but  few  virtues.  Despotism  breeds  pusillairmuty,  and 
deepens  the  abyss  of  vices.  Man  is  considered  as  sinning  before  God  only  be- 
cause he  retains  his  free  will." 

To  appreciate  this  bold  language,  it  must  be  remembered  that  it  was  the  out- 
pourings of  an  .ittorncy-general  of  an  absolute  king,  and  was  intoii.lcd  to  reach 
the  cars  of  the  desixitic  government  of  France.  After  the  expulsion  of  riloa, 
the  planters  and  merchants  put  forth  a  memorial  in  justification  of  the  revolution 
of  the  28tb  of  October,  and  which,  it  is  said,  was  drawn  up  by  L.irrcui.rc.  It 
repeats  in  substance  all  that  had  been  said  by  Lafreniere  in  his  speech  before  the 
council ;  and,  for  reference,  it  is  inserted  in  this  volume,  with  the  address  to  the 
king.  With  the  Superior  Council's  address  to  the  king,  there  went  at  '.he  same 
time  a  letter  from  Foucalt,  the  king's  commissary,  to  the  Duke  de  I'raslin,  in 
which  he  justified,  in  guarded  language,  the  revolution  that  had  taken  place,  in 
which  he  said  of  Ulloa  :  "  Without  taking  possession  of  the  colony,  and  even 
without  exhibiting  his  credentials,  he  arrogated  all  power  to  himself  He  was 
very  harsh  and  absolute,  refusing  to  listen  to  the  representations  of  the  colonists. 
He  showed,  without  the  least  hesitation  or  equivocation,  an  implacable  hatred 
for  the  French  nation,  and  marked  every  day  that  ho  passed  hero  with  acts  of 
inhumanity  and  despotism." 

The  news  of  the  revolution  in  Louisiana  soon  reached  Spain,  and  a  cabinet 
council  was  called,  to  dc'ermine  whether  Spain  should  retain  Louisiana  or  not. 
The  council  was  composed  of  the  Duke  of  Alba,  Don  .Jaime  Masones  de  Lima, 
Don  Juan  Gregoris  Munian,  Don  Miguel  de  Muzqiz,  the  Count  of  Aranda,  Bar- 
ron de  Arriaga,  and  the  Marquis  de  Picdras  Albas.  The  king  requested  that 
each  should  give  his  opinion  in  writing,  and  it  is  said  only  one  of  the  ministers 
was  of  opinion  that  Louisiana  should  be  returned  to  France.  The  king  approved 
of  the  decision  of  the  majority  of  the  ministers,  and  he  ordered  force  to  be  issued, 
if  necessary,  in  taking  possession  of  the  province.  ' 

In  the  mean  time  the  new  deputies,  St.  Letle  and  Lesassier,  who  had  been  sent 
to  France  by  the  colonists  to  implore  the  crown,  succeeded  no  better  than  their 
predecessors,  and  the  revolutionary  tide  soon  began  to  ebb,  and  leave  stranded  on 


"TF" 


IP  "I  '^" 


186 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


authenticated  promises,  if  you  receive  him  properly;  and  he 
threatens  to  use  force,  if  opposed.  I  know  that  your  courage 
prompts  you  to  despise  threats,  and  that  his  army  would  soon 
yield  to  your  efforts.  I  see  your  patriotic  hearts  burn  with  a 
desire  to  display  your  courage  in  defence  of  your  hearths;  but 
against  whom  will  you  fight?    Against  the  allies  of  your 

the  shore  the  patriots  of  Louisiana  who  had  been  homo  onward  by  the  excito- 
ment  and  nioincniary  prospect  of  succcgs. 

Reduced  lo  the  last  stage  of  despair,  tlie  patriots  now  proposed  to  expel  Aubry, 
to  proclaim  New-Orleans  a  free  port,  and  to  form  a  republic  ;  the  chief  to  be 
itylcd  "  Proteclnf,"  and  to  be  assisted  by  a  council  of  forty,  elected  by  the  people." 
"  There  is  no  doubt,"  says  Gayarre,  "  that  the  colonists  would  have  eagerly 
adopted  this  form  of  government  if  it  had  been  possible  at  the  time  ;  for  it  must 
be  recollected  that,  from  the  earliest  existence  of  the  colony,  almost  all  its 
governors  had  uniformly  complained  of  the  republican  spirit  of  the  colonists." 

Thus  stood  matters  until  the  morning  of  the  34th  of  July,  1769,  when  the 
colonists  were  thrown  into  commotion  by  the  arrival  of  the  Spanish  fleet  at  the 
Balize.     Lafrenierc  called  on  Aubry,  and  informed  him,  that  "  having  full  confi- 
dence in  the  magnanimity  of  O'Reilly,  he.  Marquis,  and  Milhct,  had  resolved  to 
go  down  the  river  and  present  their  homages  to  the  Spanish  general,  and  to  as- 
sure him,  in  the  name  of  the  people,  of  their  submission."    They  were  received 
in  state  on  board  his  flag-ship.     O'Reilly  listened  to  their  address  with  courtesy 
and  aUention,  and  returned  a  conciliatory  reply.     He  promised  that  all  former 
occurrences  should  be  forgotten  ;  that  to  all  who  proved  themselves  good  citizens, 
and  yielded  a  proper  obedience  to  the  Spanish  authority,  all  former  acts  should 
be  buried  in  oblivion,  and  all  oflences  should  be  forgiven  to  those  who  returned  to 
their  duty.     On  the  18th  of  August  the  whole  fleet  reached  the  city,  and  in  the 
presence  of  a  large  assemblage  of  citizens,  and  before  the  troops  of  both  powers, 
the  public  ceremony  of  delivering  up  the  province  to  the  Spanish  governor  was 
perfoimed.     Although  O'Reilly  had  promised  to  pardon  aU  who  submitted  quietly 
to  his  authority,  he  had  nevertheless  resolved  in  his  own  mind  to  punish  the 
chiefs  of  the  revolution.      Without  loss  of  time  he  invited  to  his  house,  under 
diflerent  pretexts,  nine  of  the  leaders  of  the  revolution,  and  had  three  others 
arrested  in  the  town-hall. 

After  reading  to  them  the  orders  of  his  Catholic  majesty,  ho  had  them  arrested 
in  the  name  of  the  king,  and  put  them  upon  their  trial. 

"  It  is  impossible,"  says  Gayarre,  "  to  describe  the  terror  which  the  arrest  of 
these  men  and  the  death  of  Viilere  scattered  far  and  wide.  They  were  so  much 
identified  with  the  whole  population,  their  family  connections  so  extensive,  that 
the  misfortune  which  had  befallen  them  could  not  but  produce  a  general  desola- 
tion." 

They  pleaded  against  the  jurisdiction  of  the  court,  and  dechned  to  be  tried  by 


.I.D.n'Ah  )■*-»— t^^^^nr^*^ 


*.---_  ^«*»S&-.d?'  ^Jjifi^-ie^mt:'-'^ 


#»**•*  *^'*^ 


T" 


y;  and  he 
ir  courage 
rould  soon 
am  with  a 
art  lis ;  but 
;s  of  your 

by  the  excito- 

)  expel  Aubry, 
he  chief  to  bo 
)y  the  people." 
J  have  eagerly 
0  ;  for  it  must 
almost  all  its 
0  colonists." 
709,  when  the 
ish  fleet  at  the 
ving  full  confi- 
had  resolved  to 
jral,  and  to  as- 

werc  received 
s  with  courtesy 
that  all  former 
8  good  citizens, 
ner  acts  should 
vho  returned  to 
city,  and  in  the 
of  both  powers, 
h  governor  was 
ibmitted  quietly 

to  punish  the 
lis  house,  under 
id  three  others 

ad  them  arrested 

ich  the  arrest  of 
y  were  so  much 

0  extensive,  that 

1  general  desola- 

ed  to  be  tried  by 


HISTORICAL  MKM0IR3  OF  LOUISIANA. 


187 


prince,  and  against  a  monarch  who  assures  you  of  his  good- 
will And  who,  indeed,  is  there  among  you,  who  would  ex- 
pose  his  family  to  the  sad  sequel  of  the  events  of  a  war,  when 
there  is  any  other  step  left  him  to  take?  Desolate  widows, 
orphans  abandoned  to  public  charity,  families  destroyed  ! 
Believe  me,  citizens  1  Let  these  evils  touch  and  enlighten 
you.  '  Wc  will  sink,'  you  cry,  '  beneath  the  ruins  of  our  coun- 
try, nor  bend  to  a  yoke  that  exposes  us  to  slavery.' 

"  Such  are  the  words  which  animosity  has  a  thousand  times 
inspired.  But  what  aroused  it?  The  horror  you  had  con- 
ceived at  UUoa's  conduct. 

the  laws  of  Spain,  which  had  not  been  extended  over  the  province  at  the  time  of 
the  alleged  insurrection.  They  claimed  to  have  been  the  subjects  of  the  King  of 
France,  and  their  acts  had  been  in  accordance  with  their  allegiance  and  duty  to 
the  Kin«  of  France  :  they  owed  no  allegiance  to  the  King  of  Spain  until  Spanish 
authoril^y  had  been  proclaimed,  and  the  Spanis..  flag  and  laws  duly  superseded 
those  of  France  ;  that  the  acts  charged  could  not  constitute  an  olVencc  against 
the  Spanish  laws,  while  those  of  France  retained  their  empire  over  the  province  ; 
that  L-lloa  had  never  made  known  his  authority  ;  that  O'lleilly  could  not  expect 
obedience  from  the  people  until  he  had  made  known  to  them  hu  character  and 
powers,  and  that  no  act  was  charged  against  them  after  this  manifestation  of  his 
authority.  The  plea  was  sustained  relative  to  several  who  had  been  ofliccrs  under 
the  French  government,  but  was  overruled  in  relation  to  Lafrenierc  and  his  com- 
patriots. The  court  found  them  guilty,  and  sentenced  them  to  bo  executed  on 
the  25th  of  October,  1769.  On  the  afternoon  of  that  day  they  were  marched  into 
the  yard  fronting  the  barracks,  and  shot  by  a  file  of  Spanish  grenadiers. 

Thus  terminated  the  inhuman  tragedy,  which  in  one  short  moment  consecrated 
the  blood  of  the  first  martyrs  to  liberty  on  the  continent  of  North  America. 

The  martyrdom  of  Lafreniere  was  a  serious  blow  to  the  cause  of  liberty  in 
Louisiana.  The  welfare  of  his  country  was  ever  dear  to  him,  and  he  was  always 
ready  to  make  any  sacrifices  for  its  happiness.  Ho  had  ever  manifested  an 
attachment  to  a  republican  form  of  government,  and  had  always  supported  those 
men  and  those  measures  which  he  believed  most  friendly  to  republican  principles. 
His  eloquence  was  rich  and  copious,  lofty  and  dignified,  and  his  mind  was  stored 
with  the  treasures  of  ancient  and  modern  lore.  As  an  orator  and  statesman,  he 
was  fitted  for  the  management  of  the  weightiest  concerns  ;  and  as  an  advocate, 
he  was  profoundly  versed  in  Roman,  French,  and  Spanish  law. 

In  his  manners  he  was  courteous  an.l  elegant.  aiTablo  and  warm,  dignified  and 
modest,  uniting  the  attainments  of  a  scholar  with  the  deportment  of  a  gentleman. 
As  a  patriot  and  legislator  of  tried  integrity,  he  was  the  idol  of  his  countrymen. 


**-«<«»-•.-_•■■" 


,*^rt«M>M«MM9*^ 


1  f^ii9ig!mieat^?H:^i'iisis=^-i'^^c^ii^^^^-^^ 


L-«^'-ifc-*..-*^Sf.t^ 


[?^?****E^rtse£:"^''i*-**»stW'd'r*>ii*s6^£w-i»i;"'i-i. 


.^^r-^r^^:^^'^?!^" 


188 


niSTORlCATi  MEMOIRS  OF  LOUISIANA. 


"  But,  here  is  a  general  ofTiccr,  of  wliosc  reputation  you  arc 
not  ignorant,  an  Irishman  by  birtli,  who  has  attained  the  rank 
of  lieutenant-general  only  by  his  services  in  the  French 
armies;  he  solemnly  promises  you  the  good-will  of  his 
sovereign,  if  possession  is  given  freely.  Would  you  excite 
the  anger  of  this  monarch  by  conduct  at  variance  with  duty, 
reason  and  common  sense?     f  'f :•  ». 

"  Another  motive,  too,  should  stifle  all  resentment.    France 
has  just  beheld  with  emotion  your  patriotic  efforts ;  all  Europe, 
admiring  your  firmness,  has  beheld  with  surprise  your  wise, 
and  moderate  conduct ;  all  eyes  are  now  upon  you.    AVill  you, 
in  a  moment  of  excitement  and  impetuosity,  tarnish  the  glory 
you  have  won?  Hitherto  they  have  beheld  in  you  Frenchmen 
attached  to  their  prince,  burning  with  a  desire  to  remain  under 
his  sway  ;  even  the  Spaniard  could  not  without  injustice  regard 
you  otherwise.   But  now,  when  the  king's  orders  require  us  to 
receive  a  new  regime  ;  now  that  the  Spaniards  are  come  to  take 
authentic  possession,  and  destroy,  by  a  conduct  far  different 
from  UUoa's,  the  prejudices  which  you  have  conceived  against 
the  Spanish  government,  why  oppose  their  entrance  ?     When 
criminal  in  the  eyes  of  the  world,  regarded  as  rebels  and  sedi- 
tious men,  all  will,  unmoved,  behold  the  most  frightful  evils 
overwhelm  you ;  and  your  ashes,  which  you  would  fain  mingle 
with  the  land  of  France,  will  not  be  bedewed'  by  the  tears  of 
the  noble-hearted  Frenchmen,  whose  sympathy  you  excite, 

"  Do  not,  fellow-citizens,  belie  the  favorable  opinion  con- 
ceived of  your  moderation.  Let  all  France,  seeing  us  obey  the 
orders  of  our  king,  cry  out  in  transports, — '  Distance  does  not 
change  a  Frenchman's  heart ;  the  immense  space  of  ocean  can- 
not weaken  the  attachment  they  have  for  the  king,  and  the 
respect  they  owe  his  orders.'  State  interest  requires  us  to  be 
Spaniards.    To  lose  the  honorable  title  of  Frenchmen,  to  re- 


ic^- .-i  »  f  *.=?~i^«trfWB»t»-'^ji^"3»3r^'='^^ 


■_-.^  ,r^-»-j^-_-f>jcr3=3v^4T<Hi«^'t^J--*' 


•TT" 


niSTORICAL  MEMOIRS  OF  LOUISIANA, 


18ft 


n  you  aro 
.  the  rank 
c  French 
11  of  liis 
ou  excite 
vitU  duty, 

t.    France 
11  Europe, 
rour  wise, 
Will  you, 
the  glory 
frenchmen 
nain  unilcr 
itice  regard 
pire  us  to 
me  to  take 
r  different 
red  against 
2?    When 
s  and  sedi- 
litful  evils 
fain  mingle 
he  tears  of 
1  excite, 
linion  con- 
as  obey  the 
ice  does  not 
'  oceuu  can- 
ig,  and  the 
•es  us  to  be 
men,  to  re- 


nounce our  native  land,  is  a  sacrifice  which  Franco  now 
requires  of  us,  and  for  which  noble  hearts  will  applaud  us. 
We  may  anticipate  all  from  a  bcueficent  priuco,  of  the  same 
blood  as  our  own  king;  let  us  listen  to  the  promises  of  his  re- 
presentative, and  endeavor  to  deserve  their  execution  by  a 
submissive  and  respectful  conduct." 

Ilere,  Lafreniiiro  ceased  to  speak.  The  deepest  silence 
prevailed  while  he  spoke,  but  soon  a  general  murmur  arose 
amid  the  assembly.  Sucb  as  a  storm  brings  on,  opposing 
minds  i)roducc — a  sullen  noise  that  leaves  the  traveler  in  doubt 
as  to  the  future.  Thus  varied  opinions  produced  a  hum  in  the 
assembly,  in  which  it  was  impossible  to  say  what  advice  would 
prevail.  The  majority,  liowevcr,  convinced  by  reason  and  the 
words  of  Lafrenii^rc,  pronounced  with  that  fire  and  persua- 
sive air  which  graced  every  syllable,  leaned  to  moderation. 
Then  the  attorney -general  resumed,  and  soon  he  alone  was 
heard. 

"  My  noble  fellow-citizens !  I  see  with  the  greatest  satisfaction 
the  effect  produced  on  your  hearts  by  the  representations 
which  my  love  for  you  has  dictated,  and  my  zeal  for  your 
interests  inspired.  The  same  sentiments  animate  and  enlighten 
me;  hear  what  they  inspire.  One  single  difficulty  keeps 
some  in  suspense  ;  they  fear  the  anger  of  the  Sjiauish  king  for 
the  expulsion  of  Ulloa,  and  behold  in  O'lteilly  the  instrument 
not  of  his  goodness,  but  of  his  vengeance. 

"  Away  with  such  a  fear!  The  general's  word  should  dispel 
this;  and,  were  it  well  founded,  we  cannot  appease  him  by 
meeting  him  in  arms.  On  the  contrary,  let  us  show  him  all 
the  submission  and  respect  we  owe  his  master.  Do  not  wait 
for  him  to  come  and  receive  the  solemn  oath  ;  let  us  bear  it  to 
him ;  let  us  depute  some  one  of  our  citizens,  and  let  O'Keilly 


■ ;  ;T»>'>***r^M» '  "^"-i  •=*<ie"'- 


^,5fe^)'*»e^s*,SwiJ?T*^ 


--.^6.r«^tKa?'.'*^**SW^*^S«*"'®**^  '"^" 


"if^mtT^f'r-t^tiri^Si^  ■ 


t 


190  niSTORICAL  MEMOIRS  OP  LOUISIANA. 

judge  what  Ulloa  would  have  met,  had  his  conduct  been  con- 
formablc  to  justice,  reason  and  duty. 

«'I  oifcr  to  go  alone  and  bear  your  homage  and  your  oath. 
If  Spanish  vengeance  has  marked  out  any  head,  it  is  mine.  I 
first  raised  my  voice  against  an  unjust  and  usurping  man.  I 
will  go  and  offer  the  Spaniards  this  head,  whose  sacrifice  will 
cost  me  little,  especially  if  at  that  price  I  can  procure  the  hap- 
piness and  tranquillity  of  my  follow-citizens." 
^  This  address,  where  patriotism  was  uphold  by  enthusiasm, 

made,  as  we  may  expect,  a  deep  impression.  All  hastened  to 
show  Lafrcniore  the  public  gratitude,  and  every  one  wished 
to  meet  the  danger,  if  any,  and  share  it  with  him. 

His  friends  wished  to  divert  him  from  an  apparently  rash 
step  The  Spaniards,  they  knew,  undoubtedly  considered 
LafreniC^rc  as  the  cause  of  UHoa's  expulsion ;  if  their  anger  con- 
tinned,  could  they  pardon  him?  The  representations  of  his 
friends,  the  tears  of  his  wife,  nothing  could  retain  lum.  All 
felt  the  risk  he  ran,  but  in  spite  of  that  they  had  a  kind  of  con- 
fidcnce  in  O'Reilly's  promises. 

Let  us  here  draw  Lafreni^re's  portrait.  The  part  he  has 
played  in  the  course  of  these  events  will  give  more  interest  to 
what  I  have  to  say  of  this  extraordinary  man.  I  shall  describe 
him  from  the  accounts  of  his  countrymen. 

M  Lafreiiierc,  of  Canadian  origin,  waa  born  in  Louisi- 
ana and  son  of  a  councilor  in  the  Supreme  Council.  Ue  had 
been  educated  in  France,  where  he  followed  his  fatherVs  pro- 
fession Returning  to  Louisiana  he  was  employed  in  the 
council  and  rose  to  the  rank  of  attorney-general,  at  an  age 
when  most  men  are  commencing  the  profession  he  had  em- 
braced In  this  position  he  assumed  a  prominent  part  in  colo- 
nial affairs.  He  possessed  a  lively  imagination,  and  all  the 
ardor  and  intrepidity  which  lead  to  great  deeds. 


been  con- 
cur oath. 
I  mine.  I 
IT  man.  I 
orifice  "vvill 
c  the  liap- 

ntliusiasm, 
lastencd  to 
)ne  wished 

"cntly  rash 
considered 
■  anger  con- 
ions  of  his 
l.im.     AH 
cind  of  con- 
part  he  ha3 
3  interest  to 
lall  describe 

1  in  Louisi- 
il.  Uc  had 
;'ather's  pro- 
yed  in  the 
1,  at  an  age 
he  had  em- 
part  in  colo- 
and  all  the 


HISTORICAL  MEMOIRS  OF  LOUiaLlNA. 


m 


Speaking  with  that  assurance  which  a  manly  and  nervous 
eloquence  in.spirc3,  and  whicli  eouHnands  all  hearts,  he  com- 
bined with  this  advantage  a  noble  figure,  a  majestic  port,  an 
open  countenance  and  an  elevated  stature.  To  paint  a  warrior, 
you  might  have  taken  tlie  towering  form,  the  manly  bearing, 
the  fiery  eye,  the  dark  and  mascuUuo  complexiou  of  Lafrc- 
nii>TC  for  a  model. 

To  these  exterior  advantages  he  joined  a  great  fund  of  gene- 
rosity and  sensibility;  he  was  charitable,  liberal  to  prodigality, 
a  zealous  patriot,  ostentatious,  giving  dignity  to  all  he  did,  popu- 
lar, affable  and  good,     lie  owed  all  these  cpialities  to  nature, 
but  not  his  faults,     lie  would  have  been  the  wonder  of  his  age, 
if  the  vivacity  of  his  character  and  the  fire  of  his  imagination 
had  been  tempered  at  an  age  when  it  is  so  necessary  to  check 
them.     He   would,   perhaps,   have  been  the   admi ration  of 
Europe,  if  his  superior  talents  had  been  better  directed,  and  an 
immoderate  self-love  not  tarnished  their  lustre.    To  this  defect, 
perhaps,    so  hardly  pardoned,  Lafreniere  owed  the   host  of 
enemies  whom  we  shall  see  rushing  on  him ;  perhaps,  too, 
it  is  part  of  the  fatality  incident  to  merit,  to  be  aluiiys  the  ob- 
ject of  jealousy  and  critieism.     Yet,  it  is  conceded  that  most 
of  those  who  deposed  against  this  great  man,  had  been  loaded 
by  him  with  favors,  and  owed  him  life  and  property. 

But  let  us  return  to  the  deputation  of  the  colonists.*  La- 
freniere, in  spite  of  all  that  could  be  said  to  him,  went  to  meet 
O'Reilly,  accompanied  by  a  planter  and  a  merchant.  The 
general  received  them  with  marks  of  the  greatest  good-will  ? 
he  seemed  flattered  by  the  step,  and  in  their  presence  repeated 
the  promises  made  to  Aubry.  He  prayed  those  gentlemen  to 
assure  the  colonists  of  his  desire  to  contribute  to  their  happi- 
ness and  repose.     Bidding  adieu  to  Lafreniere,  as  the  latter 

♦  This  deputation  consisted  of  Lafreniere,  Marquis  and  Milhet. 


.■.^ifj^^-rTT-  er 


«»*■>  *'- 


TTT" 


at    ,,,^11   ni^ 


Ijl  >"■#•• 


$ 


f       » 


192  HISTORICAL  MEMOIRS  03- LOUISIANA. 

took  his  leave,  he  said:  "Your  conduct  has  been  misrepre- 
sented  at  Madrid,  but  at  a  distance  objects  take  a  different 
form  from  what  they  really  have.  I  see  that  you  have  done 
your  duty ;  rest  assured  that  nothing  wiU  happen  to  you.  i 
wished  to  be  your  friend."    And  so  saying,  he  grasped  his 

hand.  ,  i  ^ 

The  deputies  scarcely  knew  how  to  reply  to  such  warm 
greetings,  so  astonished  and  delighted  were  they.  They 
hasted  back  to  reassure  their  families,  who  had  meanwhile 
been  in  the  greatest  alarm.  The  account  of  then-  reception  by 
the  general  was  the  subject  of  public  admiration,  and  the  city 
soon  echoed  with  praises  of  O'Reilly;  and  his  conduct  to  the 
planters,  during  three  weeks  which  he  spent  in  the  nver, 
increased  the  esteem  of  all  for  him. 

Some  sensible  men,  however,  saw  through  this  deceptive 
exterior     They  felt  that  his  politeness  to  Lafreni5re  was 
only  a  lure  to  draw  into  his  nets  the  men  on  whom  Spanish 
anger  was  to  fall,  for  no  one  believed  that  Lafrenike  would 
fall  alone     They  did  not  believe  that,  merely  to  take  posses- 
sion  of  the  province  of  Louisiana,  Spain  would  have  sent  a 
Ueutenant-general  and  3,000  men.  All  this  preparation  denoted 
something  less  pacific  than  was  pretended.    "O'BeiUy    said 
they    "is  too  politic  to  arrest  Lafreni5re  before  establishing 
his  authority;  that  would  be  revealing  his-design.    He  wishes 
victims  at  any  price,  and  then  the  others  would  have  escaped ; 
for  that  act  of  severity  would  have  exposed  him  to  the  risk  of 
seeing  all  the  colonists  take  refuge  on  Engbsh  soil." 

These  reflections  struck  some.  In  vain  they  tried  to  con- 
vince Lafreni5re  that  O'Reilly's  favorable  reception  wa« 
but  a  dangerous  snare.  They  reminded  him  of  all  that  they 
had  suffered  from  Ulloa.  A  hundred  historical  incidents  were 
cited  confirming  the  truth  of  the  character  imputed  to  the 


m 


.jOt 


mta 


Q.  misrepre- 
a  different 
I  have  done 
L  to  you.  I 
grasped  his 

such  warm 
ley.  They 
L  meanwhile 
reception  by 
and  the  city 
nduct  to  the 
a.  the  river, 

is  deceptive 
frenifere  was 
lom  Spanish 
'enifere  would 
)  take  posses- 
have  sent  a 
ation  denoted 
>'B.eilly,"  said 
e  establishing 
1.    He  wishes 
lave  escaped; 
to  the  risk  of 
1." 

y  tried  to  con- 
reception  was 
f  all  that  they 
incidents  were 
nputed  to  the 


Sp 
na! 
me 
pa 
mi 
be 
m; 
hi 
hii 
to 
to 

00' 

w< 

es 
da 
O 
it 
in 
ai 
ai 
h< 
bi 
k 
C 


(1 


HISTOBICAL  MEMOIBS  OF  LOUISIANA. 


198 


Spaniards.    They  cited  him  examples  where  promises  in  the 
name  of  their  kings  had  not  held  good  against  their  resent- 
ment,  and  where  on  all  occasions  an  alluring  exterior  had  pre- 
pared the  vengeance  they  premeditated.   But  they  never  could 
make  the  colonists  believe  that  duplicity  and  knavery  could 
be  carried  to  that  point,  and  the  words  "  M.  de  la  Freni^re*— 
my^nenrf,"— rose  to  his  mind  whenever  they  tried  to  open 
his  eyes ;  they  showed  him  the  horrors  to  which  he  exposed 
his  family,  already  branded  by  the  Spaniards  for  its  hostility 
to  Ulloa's  unjust  plans.    In  vain  his  relatives  urged  him 
to  pass  over  to  the  English  territory,  as  O'Reilly's  stay  in  the 
river  gave  every  opportunity  for  emigration,  but  nothing 
could  shake  the  constant  firmness  of  the  attorney-general.  He 
would  have  deemed  it  a  dishonor  to  save  his  life  by  flight, 
especially  as  his  conduct  furnished  nothing  to  create  the 
clanger  witu  which  they  wished  to  alarm  him.      General 
O'Reilly's  promises  made  the  colonists  feel  secure.    At  least 
it  stopped  the  emigration  of  many,  who,  though  conscious  of 
innocence,  felt  nevertheless  tha'o  the  most  prudent  course  was  to 
avoid  the  resentment  of  a  nation  which  deemed  itself  offended 
and  never  could  pardon.    But,  in  spite  of  that,  a  certain 
homage  rendered  to  the   human  heart   by  virtuous  souls 
banished  the  idea  of  dO  atrocious  and  infamous  a  piece  of 
knavery  as  that  which  we  shall  see  tarnishing  the  name  of 
O'Reilly. 
On  the  17th  of  August,  1769,  O'Reilly*  appeared  before  New- 

•DoN  Albxandrr  O'RsiLiY,  the  fir«t  Spanish  Governor  of  Louisiana,  wa« 
born  in  Ireland,  about  the  year  1735.  He  entered  the  Spanish  army  at  an  early 
age,  and  served  with  distinction  in  Italy,  where  he  received  a  wound  which 
lamed  him  for  the  remainder  of  his  life. 

In  1766,  he  obtained  permission  from  the  king  to  enter  the  Austrian  army, 
and  msde  two  campaigns  against  the  Prussians.  In  seventeen  hundred  and  fifty- 
nine  h«;  volunteered  in  the  army  of  France,  in  which  he  distinguished  himself,  and 
was  warmly  recommended  by  the  Duke  de  Broglie  to  the  King  of  Spain,  wh» 

18 


■  I 


J 


:  't 


Ivae 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


1.  I 


Orleans  with  his  whole  fleet ;  his  intention  was  to  enter  it  as  a 
conquered  city,  with  drums  beating,  and  matches  lighted ;  but, 
on  Aubry's  representation,  he  consented  to  act  more  con- 
siderately. When  Aubry  spoke  of  UUoa's  expulsion,  O'Keilly 
cut  him  short,  saying :  "  The  sponge  has  passed  over  that ;  all 
is  forgotten ;  let  us  speak  no  more  of  it."  In  the  first  moments 
he  constantly  affected  to  use  similar  language.  The  next  day, 
the  18th,  possession  was  taken  with  all  the  usual  pomp  and 

promoted  him  to  the  rank  of  lieutenant-colonel,  and  as  such  he  served  with  dis- 
tinction in  the  war  between  Spain  and  Portugal.  Ho  wan  afterwards  promoted 
to  the  rank  of  brigadier-general,  and  on  the  conclusion  of  the  peace  of  seven- 
teen hundred  and  sixty-two,  he  was  raised  to  the  rank  of  major-general,  in 
which  capacity  he  was  sent  to  Havana  to  rebuild  the  fortifications  of  that  city 
which  had  been  destroyed  by  the  English. 

After  the  expulsion  of  Ulloa  from  Louisiana,  the  king,  apprehending  much  re- 
sistance from  the  colonists,prcpared  a  formidable  expedition  against  that  province, 
and  gave  the  command  of  it  to  O'ReUly,  whom  he  appointed  governor  and  captain- 
general  of  the  province. 

He  arrived  at  the  mouth  of  the  Mississippi  with  his  fleet  on  the  24th  of  July, 
»769.  On  the  same  day  he  dispatched  his  aid  to  Aubry,  the  French  governor,  to 
announce  his  arrival,  and  notify  him  that  he  was  duly  authorized  to  receive  for- 
mal possession  of  Louisiana.  At  the  same  time  he  expressed  a  desire  to  main- 
tain a  good  understanding  between  the  authorities  of  Spain  and  the  colonists,  but 
that  he  should  put  down  all  opposition  and  extend  the  jurisdiction  of  his  sover- 
eign over  the  province. 

On  the  27th,  the  citizens  of  New-Orleans  sent  delegates  to  O'Reilly  to  im- 
plore his  clemency,  and  on  the  next  day  they  returned  to  the  city  with  assurances 
from  the  governor  that  he  should  be  disponed  to  be  lenient. 

On  the  17th  of  August  the  Spanish  armament  reached  the  city,  and  on  the  18th 
Aubry  surrendered  the  province  to  O'Reilly.  The  governor  entered  upon  the 
duties  of  his  office  with  every  outward  respect  for  all  classes  of  citizens.  But, 
although  he  promised  pardon  to  all  who  quietly  submitted,  he  had  resolved 
in  his  mind  to  punish  the  principal  agitators  of  the  late  revolution.  This  deter- 
mination was  artfully  concealed  until  he  had  procured  from  Aubiy  a  fuU  report 
of  that  event,  with  the  names  of  the  principal  actors. 

"  "  It  is  very  essential,"  said  O'Reilly,  "  that  I  should  know  who  is  the  person 
who  wrote  and  circulated  the  documents  entitled,  '  Decree  of  the  Council,'  and 
a  'Memorial  of  the  Inhabitant!  of  Louisiana  on  the  event  of  the  mh  of  October, 
1769,'  because  all  I  he  articles  of  said  documents  claim  my  special  attention.  I 
shall'put  entire  faith  in  your  revelations,  and  I  again  beg  you  not  to  omit  any 
circumstance  relative  to  men  and  things  in  what  concerns  said  revolution."  On 
receiving  Aubry's  communication  he  immediately  made  up  his  mind  how  to  act, 


!*      { 


^■MbwMf^MMMiMM 


.dftAMHIA.MaAM 


HISTOIIICAL  MEMOIRS  OP  LOUISIANA. 


195 


ter  it  as  a 
ted;  but, 
lore  con- 
I,  O'Keilly 
that ;  all 
,  moments 
next  day, 
3omp  and 

ved  with  dis- 
rds  promoted 
ace  of  seven- 
Dr-general,  in 
9  of  that  city- 
ling  much  re- 
that  province, 
ir  and  captain- 

24th  of  July, 
h  governor,  to 
to  receive  for- 
esire  to  muin- 
I  colonists,  but 
1  of  his  sover- 

)'ReiIly  to  im- 
ith  assurances 

md  on  the  18th 
tercd  upon  the 
litizons.  But, 
)  had  resolved 
.  This  deter- 
y  a  full  report 

)  is  the  person 
!  Council,''  and 
'.9lh  of  October, 
1  attention.  I 
lot  to  omit  any 
volution."  On 
ind  how  to  act. 


ceremony,  and  at  the  same  instant  Aubry,  by  virtue  of  his 
powers  from  the  French  king,  absolved  the  colonists  from  their 
oath  of  allegiance  to  him.  During  the  week  and  the  following 
one,  O'lieilly  received  the  free  oath  of  all  who  chose  to  become 
Spaniards. 

Hitherto  nothing  had  shown  the  knavish  plots  ascribed 
to  O'Reilly.  Could  he  arrest  and  punish  men  whose  innocence 
he  proclaimed  every  time  he  received  an  oath  of  allegiance  ? 

On  the  next  day,  the  21st,  he  communicated  to  Aubry  the  orders  of  his  Catholic 
majesty  to  arrest  and  bring  to  trial,  in  accordance  with  the  laws  of  Spain,  the 
chiefs  of  the  revolution.  Under  various  pretexts,  O'Reilly  drew  to  his  house  nine 
of  the  chiefs  which  had  been  named  by  Aubry  in  his  dispatch,  and  had  three 
others  arrested  in  the  city-hall.  After  reading  to  them  the  orders  of  his  Catholic 
majesty,  he  had  them  arrested  in  the  king's  name,  and  put  them  upon  their  trial 
for  high  treason. 

On  the  23d,  he  issued  a  proclamation  inviting  the  colonists  to  appear  before 
him  on  the  26th,  to  take  the  oath  of  allegiance  to  his  Catholic  majesty. 

The  victims  of  his  cruelty  enjoyed  but  a  short  respite  between  conviction  and 
the  execution  of  their  sentence.  O'Reilly  remained  inexorable  to  the  earnest 
entreaties  of  the  inhabitants,  to  suspend  the  sentence  of  death  until  the  royal 
clemency  could  be  implored. 

He  now  proceeded  to  abolish  the  laws  of  France,  and  substitute  those  of 
Spain.  On  the  2Ut  of  November,  he  issued  his  proclamation  for  the  abolition 
of  the  Superior  Council,  which  he  alleged  had  been  deeply  implicated  in  the  for- 
mer treasonable  movements  against  Spanish  authority. 

In  place  of  the  Superior  Council  he  established  the  Cabildo,  which  was  a  high 
court  and  a  legislative  council,  at  which  the  governor  presided.  In  its  judicial 
capacity,  it  exercised  only  appellate  jurisdiction,  in  appeals  carried  up  from  the 
Alcalde  courts. 

He  ordered  a  set  of  instructions  to  be  prepared  for  the  regulation  and  proceed- 
ings in  civil  and  criminal  cases,  to  be  conducted  in  the  co\irts  agreeably  to  the 
law  and  u$age»  of  Castile  and  the  Indies.  A  commandant,  with  the  rank  of 
captain,  was  appointed  for  each  parish,  with  authority  to  exercise  a  mixed,  civil 
and  military  jurisdiction. 

The  Spanish  language  was  henceforth  made  the  tongue  in  which  the  judi- 
cial records  throughout  the  province  were  kept  and  the  proceedings  conducted. 
The  Spaniih  authority  and  laws  were  now  substituted  for  the  French  laws  and 
customs.  The  black  code  {code  noir)  which  had  been  previously  in  use  in  the 
colony,  was  modified  and  re-enacted,  for  the  protection  and  government  of  the 
slaves.  Foreigners  were  prohibited  from  passing  through  the  province  without 
passports  from  the  governor,  and  the  colonists  were  prevented  from  trading  with. 


196 


H1B1"0MCAL  MEMOIBS  OF  LOUISIANA. 


r  ' 


These  reflections  increased  the  feeling  of  security  in  those 
who  were  warned  of  prisons  and  punishment.  Yet,  on  the  21st 
of  August,  O'Reilly  arrested,  as  state  prisoners,  de  la  Freni^re, 
the  attorney -general ;  De  Maaan,  a  captain  in  the  French  service, 
a  knight  of  St.  Louis,  of  a  very  ancient  provingal  house;  Le 
Marquis,  also  a  knight  of  St.  Louis,  commanding  the  troops  of 
the  Swiss  regiment  of  Aleve;  Hardy  de  Boisblanc,  a  councilor; 
Caresse ;  the  two  Milhets,  father  and  son ;  Poupet,  the  elder,  and 
Petit,  merchants;  Brand,*  the  king's  printer;  Doucet,  a  lawyer, 

the  American  colonies.  Many  of  the  local  regulations  and  ordinances  were  par- 
ticularly oppressive.  The  colonists  were  at  first  permitted  to  emigrate,  and  many 
availed  themselves  of  this  privilege.  O'Reilly  finding,  however,  that  the  province 
was  losing  many  of  its  valuable  citizens,  he  annulled  this  privilege,  and  refused  to 
issue  any  more  passports.  The  province  was  soon,  however,  relieved  from  fur- 
ther anxiety  of  O'Reilly's  vengeance,  and  at  the  end  of  a  year  he  was  superseded 
by  Don  Antonio  Maria  Bucarelly,  as  Captain-General  of  Louisiana. 

O'Reilly  now  returned  to  Spain.  Although  he  excited  jealousies  and  an- 
tipathies by  the  course  he  adopted  while  in  Louisiana,  yet  within  a  few  years 
documents  have  come  to  light  which  go  to  prove  not  only  his  original  powers, 
but  the  approbation  of  the  Court  of  Spain  of  all  his  proceedings.  (See  Appendix. ) 
It  appears  by  these  the  king  ordered  him  to  proceed  to  Louisiana,  take  formal 
possession,  chastise  the  ringleaders,  and  annex  the  province  to  his  dominions. 
He  proceeds  to  ratify  and  confirm  all  that  had  been  done  by  OReitly,  and  that  as 
relates  to  the  administration  of  justice,  a  special  tribunal  was  to  be  created,  to 
which  all  appeals  were  to  go,  and  from  it  to  the  council  at  Seville.  O'Reilly 
made  a  detailed  report  of  his  proceedings  to  his  government,  which  has  never 
been  made  public  in  externa,  but  which  was  approved  of  by  the  councU  and 
chamber  of  the  Indies,  to  whom  it  was  referred. 

In  1774,  he  W%s  placed  in  command  of  the  great  expedition  which  was  .sent 
against  Algiers.  The  unfortunate  result  of  this  expedition  rather  lowered  him 
in  the  estimation  of  the  Spanish  nation,  although  the  king  remained  true  to  him. 
He  was  afterwards  appointed  Governor  of  Cadiz,  where  he  exhibited  all  the 
talents  of  a  great  administrator.  He  fell  into  disfavor  on  the  death  of  Charles 
III.  Subsequently  he  was  appointed  to  the  command  of  the  army  of  the  Pyreneep, 
and  while  on  his  way  to  join  it,  he  died  suddenly,  at  an  advanced  age.  Some  of  his 
descendants  now  reside  in  Cuba.  "  O'Reilly,"  says  Michaud,  "  had  always  been 
an  object  of  malignant  envy,  and  had  many  enemies,  whom  the  flexibility  of  his 
temper,  and  the  sort  influence  of  his  conciliating  manners,  could  not  reconcile  to 
his  advancement  in  a  nation  proverbially  proud  and  suspicious  of  foreigners." 

♦  Braud  was  arrested  for  having  printed  the  memorial  of  the  planters,  &c.,  on 
the  event  of  the  39th  of  October,  1768.     Ho  pleaded  in  justification,  that  as 


I  liiytij»iiift>^|iliMM 


in  those 
tn  the  21st 
,  Frenidre, 
eh  service, 
liouse;  Le 
3  troops  of 
councilor ; 

elder,  and 
.,  a  lawyer, 

ces  were  par- 
ate,  and  many 
t  the  province 
and  refused  to 
3vcd  from  fur- 
as  superseded 

isies  and  an- 
n  a  few  years 
iginal  powers, 
ee  Appendix.) 
a,  take  formal 
is  duminions. 
ly,  and  that  as 
be  created,  to 
ille.  O'Reilly 
ich  has  never 
e  council  and 

rhich  was  [sent 
r  lowered  him 
id  true  to  him. 
libitcd  all  the 
athof  Charles 
f  the  Pyreneep, 
;e.  Some  of  his 
id  always  been 
exibilily  of  his 
lot  reconcile  to 
foreigners." 
anters,  &c.,  on 
cation,  that  ai 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


197 


and  Villerd,  captain  in  the  militia.   The  last  was  on  the  point  of 
passing  to  the  English  side  with  all  his  property,  when  a  letter 
from  Aubry  enjoined  him  to  repair  to  the  capital  to  confer 
with  O'Keilly,  and  pledged  his  honor  that  nothing  should  be 
done  to  him.   Villerd  hesitated,  but  on  the  word  of  honor  of  a 
French  commander,  his  desire  of  displaying  his  obedience  to 
the  last  triumphed  over  his  well-founded  conviction  of  the 
Spanish  governor's  knavery.     He  came  to  the  city,  was  in- 
stantly arrested  and  led  on  board  a  frigate.     "  Traitors,"  he 
cried,  "you  durst  not  declare  your  odious  projects.     If  you 
have  the  courage    you  parade  no  vauntingly,  give  me  my 
liberty,  let  me  choose  two  hundred  of  my  countrymen,  turn 
your  three  thousand  on  us,  and  if  a  single  Spaniard  escapes, 
call  us  infamous'  cowards;  but  you  deceive  yourselves  if  you 
hope  to  feast  your  cruel  and  savage   eyes  on  the  spectacle 
of  my  death — Villerd  was  not  made  to  die  on  a  scaffold." 
"With  these  words  he  tried  to  break  through  the  guard,  but  the 
oflSicer  stopped  him  and  gave  him  a  kick  in  the  stomach,  which 
stretched  him  senseless  on  the  ground,  while  a  soldier  gave  him 
a  bayonet  thrust  in  the  thigh.     He  fell,  foaming  with  rage  and 
fury.     In  this  frightful  state  he  lay  three  days,  and  died  in 
despair  at  bein^  baffled  in  his  revenge.  * 

None  could  be  braver  than  Villere*.  Canadian  by  origin, 
he  had  all,  valor,  fortitude  and  freedom  of  mind ;  violent  and 
fiery,  but  frank,  loyal  and  firm  in  his  resolves.  He  was  of 
good  size,  well  made,  his  step  firm,  his  look  bold  and  martial, 
his  devotion  to  his  king  rather  a  phrensy  than  a  form  of 
patriotism.    Had  all  the  colonists  thought  as  he  did ;  had  they 

king's  printer,  he  was  bound  to  print  all  that  was  sent  to  him  by  the  king's  com- 
missary, and  he  showed  Foucault's  signature,  at  the  bottom  of  the  manuscript 
which  he  had  published.     This  defence  being  admitted  good,  he  was  released. 

♦  Some  of  the  descendants  of  this  bravo  man  and  distinguished  patriot  arc  now 
living  in  Louisiana,  holding  high  of&cial  position. 


W 


i(iiiiiirif  ,i|i»n -».!»■' 


I 


198 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


had  his  firm  resolve,  I  doubt  whether  a  single  Spaniard  would 
ever  have  reached  New-Orleans.  He  had  a  genius  for  war, 
and  was  the  chief  elect  of  the  Acadians  and  Germans  in  case  of 
a  rupture,  and  under  his  orders  that  brave  body  would  have 
been  invincible.  I  regret  to  leave  a  man  of  his  mould; 
French  patriots  must  strew  laurels  over  his  giave.  Let  us 
return  to  the  other  prisoners  ;  and,  to  judge  O'Reilly  better,  let 
us  see  the  means  he  took  to  arrest  them. 

Ho  was  aware  of  the  influence  possessed  over  the  public  by 
the  men  he  intended  to  arrest ;  he  feared  that,  by  acting  openly, 
he  might  excite  an  outbreak,  and  therefore  to  secure  those  whom 
he  wished  to  arrest,  he  acted  thus  rj  On  the  evening  of  the  20th 
of  August,  he  summoned  the  colonels  of  the  two  regiments  that 
he  had  brought  to  his  residence.  "  Sir,"  said  he,  to  the  colonel 
of  the  Lisbon  regiment,  "  your  grenadiers  have  a  name  for  man- 
oeuvring well.  I  should  like  to  test  it ;  those  of  the  'other 
regiment  will  also  arm,  and  to  encourage  them,  you  need  only 
join  the  first  four  companies  of  each  regiment.  Let  the  rest 
remain  in  their  quarters,  ready  to  march  when  ordered ;  ren- 
dezvous here  to-morrow  morning  at  eleven."  The  next  morn- 
ing O'Reilly  sent  his  aids-de-camp  for  those  he  wished  to 
arrest,  and  as  they  entered  made  them  sit  down,  speaking  with 
the  greatest  affability,  and  lef>:  them  under  the  impression  that 
his  design  was  to  confer  on  the  affairs  of  the  colony.  He 
amused  them  in  this  way  till  the  grenadiers  and  other  compa- 
nies, with  fixed  bayonets,  had  surrounded  the  government 
house.  He  then  called  successively  the  gentlemen  named 
above,  sent  them  into  an  adjoining  room,  where  their  swords 
were  demanded,  and  whence  a  guard  accompanied  them  to  the 
prison  prepared  for  them. 

M.  le  Marquis,  on  surrendering  his  sword,  said  to  him :    "I 
have,  during  my  whole  life,  borne  it  in  the  French  king's  ser- 


J.t'-#'!:'Jii.'^!.W^J'-^!lLM'!U'''-' W-!'-''Mi 


rd  would 
i  for  war, 
in  case  of 
uld  have 
3  mould; 
Let  us 
better,  let 

public  by 
ig  openly, 
lOsewhom 
f  the  20th 
nents  that 
he  colonel 
le  for  man- 
the  'other 
need  only 
it  the  rest 
ered;  ren- 
aext  mom- 
wished  to 
aking  with 
ession  that 
•lony.    He 
ler  compa- 
ovemment 
len  named 
leir  swords 
;hem  to  the 

Dhim:    "I 
I  king's  ser- 


i-BmmmkM'.'''-Mif^ 


L 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


199 


vice.    I  regret  that  I  did  not  use  it  better.    If  it  be  a  crime  to 
be  too  good  a  Frenchman,  I  die  guilty,  for  I  die  a  French- 


)i 


man. 

M.  de  la  Freniiire  and  M.  de  Mazan,  who  both  held  offices  in 
the  colony,  were  thrust  into  cells  under  the  buildings  occupied 
by  the  Spanish  troops.*  This  apparently  more  distinguishing 
treatment  was  only  an  additional  precaution  of  the  general. 
The  others  were  conveyed  on  board  various  ships,  and  all  care- 
fully watched. 

Their  property  was  confiscated,  sentinels  were  placed  in  their 
houses,  and  their  papers  examined  and  seized.  A  Spanish 
guard  was  put  over  the  Secretary,  and  a  French  one  over  M. 
Foucault's,  the  commissary.  Aubry,  at  O'Keilly's  request, 
took  a  false  step ;  ^e  did  more.  He  went  to  Foucault's  house 
and  wished  to  interrogate  him.  "  Have  you  any  order  from 
your  king  and  mine,  establishing  you  my  judge?"  said  Fou- 
cault,  "  if  not,  I  protest  against  your  injustice,  and  will  only 
account  to  the  judges  who  shall  be  appointed  to  examine 
your  conduct  and  mine.  In  consequence,  sir,  I  demand  a  pas- 
sage on  the  first  vessel  for  France.  One  will  sail  to-morrow, 
and  I  shall,  with  your  permission,  embark."  O'Reilly  and 
Aubry  durst  not  refuse.  Foucault  embarked  the  next  day,  and 
on  reaching  France  was  transferred  to  the  Bastile,  where  he  is 
still  detained.f 

♦In  pulling  down  this  old  building,  which  had  for  some  years  after  served  for 
a  Spanish  prison,  cells,  (under  the  ground,)  were  discovered,  in  one  of  which 
were  found  a  quantity  of  human  bones ;  the  remains,  probably,  of  unfortunate 
prisoners  who  had  been  left  there  to  perish. 

tM.  Foucaait,  President  of  »b<«  Superior  Council  of  Louisiana,  succeeded  M. 
de  llochemore,  as  commi$saire  ordonnateur  of  the  province,  in  June,  17B1.  He 
acted  with  great  duplicity  towards  the  revolutionists.  He  took  an  active  part 
himself  against  Ulloa,  but  in  his  official  correspondence  with  the  French  cabinet 
he  had  so  equivocated,  as  to  bo  able  when  the  time  came  to  side  with  the 
victorious  party.     In  order  to  justify  himself  for  having  convened  the  council 


200 


HISTOEICAL  MEMOIRS  OF  LOUISIANA. 


The  number  of  victims  was  not  completed ;  one  more  was  to 
be  arrested.    This  victim  was  dear  to  the  colony  by  the  great- 
ness  of  his  family,  by  his  birth,  and  by  the  signal  services  of 
his  ancestors,  to  whom  was  due  the  discovery  and  settlement  of 
Louisiana.     This  victim  was  still  more  precious  by  his  personal 
merit.    M.  Noyan  was  the  son  of  an  old  royal  lieutenant  of 
Louisiana,  whose  name  is  never  uttered  without  respect  and 
gratitude.    M.  de  Bienville,  governor  and  founder  of  New- 
Orleans,  was  his  uncle,  as  was  Iberville,  an  officer  eminent  in 
the  navy  for  his  talents,  and  in  the  colony  for  having  brought  . 
over  the  first  colony,  and  declared  himself  its  protector  and 
support.  M.  de  Noyan  was  only  thirty-two.*  Nature  seemed  to 
have  delighted  in  blending  in  this  young  man  all  exterior  graces, 
ds  well  as  those  qualities  of  mind  and  heart  which  attract  esteem 
and  love.    He  might  have  been  considered  a  model  of  per-  . 
fection,  were  not  nature  so  chary  of  it.    His  countenance  was 
noble,  frank  and  becoming,  his  manners  pleasing,  his  stature 
tall,  his  bearing  manly,  his  voice  sweet  and  captivating.     He 
had,  in  a  word,  all  the  graces  that  a  man  can  have.    His  mind 
was  agreeable  and  just ;  he  had  a  general  aptitude  for  all  he 
undertook.    His  soul  was  a  union  of  all  the  qualities  that  con- 
stitute an  honest  man;  he  had  also  those  which  render  a  man 
dear  and  precious;  for  to  rectitude,  which  might  if  possible  be 
called  ultra,  he  joined  great  generosity  and  beneficence ;  he 

which  expelled  UUoa,  he  wrote  to  his  government,  that  "  he  had  been  compelled 

^     •  1 1  _„i- ».-  <•»—-  "   't  I*  ~--»  K-  ^.i™»;».».i  "  aava  rjavnrTB.  "  that  in  the  drama 
toyssiaonSy  rsy  io»>.u.        ».  in»iB.  ./^ —>.«-— —.    — j         , 

in  which  he  was  engaged  he  acted  his  part  with  a  consistency  of  infamy,  and  a 

cool  systematic  regularity  of  treachery,  which  must  obtain  for  him  much  credit 

with  congenial  minds."  When  he  arrived  in  France  he  was  thrown  into  prison. 

but  afterwards  released,  and  rewarded  with  an  office  in  the  East  Indies. 

His  correspondence  while  in  Louisiana  is  very  voluminous,  and  covers  a  period 
of  nine  of  the  most  eventful  years  in  the  history  of  that  province. 

*  The  defence  of  Noyan,  Doucet,  and  Caresse  may  bo  found  in  the  archives  of 
the  department,  "  Dela  Marine  et  des  Colonies,"  Paris. 


jSi^itfiMi'tfaMMSasta?.' 


Mi)^l4.#^.j:.JXul»^14».Uili'^'J''-»Ut.^-jaiAai  Jli.  li'  T'^"* 


5re  was  to 

the  great- 

lervicea  of 

llement  of 

personal 

atenant  of 

91)ect  and 

•  of  New- 

!mincnt  in 

g  brought 

tector  and 

seemed  to 

ior  graces, 

•act  esteem 

del  of  per- 

jnance  was 

his  stature 

ating.    He 

His  mind 

I  for  all  he 

Bs  that  con- 

ider  a  man 

possible  be 

icence;  he 

sen  compelled 
t  in  the  drama 
infamy,  and  a 
1  much  credit 
n  into  prison, 
idies. 
overs  a  period 

he  archives  of 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


201 


was  com))as8ionate,  mild,  affable,  but  at  the  same  time  full  of 
courage,  lirmuess  and  nobility.  A  good  citizen,  a  good  patriot, 
a  good  friend,  a  good  father;  reproached  only  with  a  too  ex- 
treme delicacy ;  and  for  this  only,  because  it  proved  his  ruin. 
Ho  had  served  in  France,  and  was  by  leave  captain  of  cavalry 
in  Louisiana;  this  reason  would  seem  to  shield  him  from 
arrest.  This  is  perhaps  the  reason  why  O'Reilly  left  hirja  at 
liberty  two  days  after  the  detention  of  the  gentlemen  of  whom 
I  have  spoken.  The  whole  colony  unanimously  entreated  this 
young  man  to  fly  from  Spanish  wrath.  De  Noyan  had  married 
de  la  Freniisre's  daughter;  his  intimate  connection  with  his 
father-in-law  was  notorious,  and  he  was  known  to  be  one  of 
those  marked  out  for  Spanish  vengeance.  In  vain  they  cm- 
ployed  all  imaginable  arguments  to  induce  him  to  evade  by 
flight.  Full  of  confidence  in  his  own  innocence,  he  plways 
opposed  it  as  a  buckler  to  the  representations  made  him.  When 
they  reminded  him  that  innocence  was  oflen  sacrificed  to  so- 
called  policy,  he  reminded  them  of  his  honor,  which  made  his 
fate  inseparable  from  his  father-in-law's.  When  they  showed 
him  that,  in  safety,  free  to  act  and  make  his  representations,  he 
would  be  of  real  service  to  M.  de  la  Frenitire,  he  seemed  to 
yield  to  this  powerful  argument;  but  his  pledge  to  his  father- 
in-law  not  to  forsake  him,  soon  prevented  his  following  the 
prudent  advice  given  him.  O'Reilly  had  just  published  an 
amnesty,*  by  which  he  seemed  to  declare  that  the  anger  of  his 

o'rEILLV's  PROCLIMATION. 

*  "  In  the  name  of  llie  liiag,  we,  Alexander  O'Reilly,  commander  of  Benfay- 
an,  in  the  order  of  Alcantara,  major  and  inspector-general  of  the  armies  of  his 
Catholic  majesty,  captain-general  and  governor  of  the  province  of  Louisiana, 
in  virtue  of  the  orders  of  his  Catholic  majesty  and  of  the  powers  with  which  we 
are  invested,  declare  to  all  the  inhabitants  of  the  province  of  Louisiana,  that 
whatever  just  cause  past  events  may  have  given  his  majesty  to  make  them  feel 
his  indignation,  yet  his  majesty's  intention  is  to  listen  only  to  the  inspirations  of 
bis  royal  clemency,  because  be  is  persuaded  that  the  inhabitants  of  Louisiana 


i- 


202 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


Catholic  ranjcflty  would  fall  only  on  those  arrested,  and  that 
this  mouurch  would  pardon  the  others.  This  amnesty  proba- 
bly induced  the  unfortunate  resolution  taken  by  De  Noyan  to 
lace  all,  rather  than  debase  himself  by  a  flight  which  tho 
Spaniards  would  have  regarded  as  a  confession  of  the  crime 
kid  to  his  charge.  Death  seemed  to  him  less  frightful  than  a 
breach  of  his  word. 

O'Reilly  at  last  arrested  Do  Noyan.  Ilis  pretended  regret, 
and  the  manner  in  which  the  arrest  was  made,  prove  at  least 
the  consideration  to  which  he  was  entitled.  He  was  conduct- 
ed on  board  a  Spanish  frigate  and  treated  with  the  greatest 
distinction. 

Shall  I  paint  the  despair  of  the  wretched  wives  of  these 
gentlemen?  Shall  I  dwell  on  the  state  to  which  Mme.  de  Noyan 
in  particular  was  reduced?  But  sixteen  and  a  half  years'  old,  the 
most  deep  and  tender  affection  had  for  the  last  eighteen  months 
united  her  to  the  amiable  man,  whose  portrait  we  have  just 
drawn.  Daughter  of  M.  de  la  Freni^re,  niece  of  M.  de  Villerd, 
she  wept  at  once  the  detention  of  husband,  father  and  uncle,  and 
shuddered  every  moment  at  the  horrid  forebodings  that  filled 
her  soul.  But  the  cruel  O'Reilly  incessantly  reassured  these 
ladies  as  to  the  lives  of  those  they  loved.  He  repeatedly  sent 
to  tell  them  to  dismiss  their  fears,  as  the  detention  of  the 
prisoners  would  not  be  long,  and  that  they- would  soon  see 
them  free.  Thus  the  tyrant  flattered  their  fond  hopes,  to  ren- 
der the  blow  he  was  preparing  more  keen  and  penetrating. 

would  not  have  committed  the  offence  of  which  they  are  guilty,  if  they  had  not 
been  seduced  by  the  intrigues  of  some  ambitious,  fanatic  and  evil-minded  men, 
who  had  the  temerity  to  make  a  criminal  use  of  the  ignorance  and  excessive 
credulity  of  their  fellow-citizens.  These  men  alone  will  answer  for  their  crimes, 
and  will  be  judged  in  accordance  with  the  laws.  So  generous  an  act  on  the  part 
of  his  majesty  might  be  a  pledge  to  him  that -his  new  subjects  will  endeavor 
every  day  of  their  lives,  to  deserve  by  their  fidelity,  zeal  and  obedience,  the  pardon 
and  protection  which  he  grants  them  from  this  moment." — Gayarri. 


1 

SI 

b( 

h( 

tc 

m 
n 

*>»kam 


'ga^/A!^S^^'tt!^;»iWiia^!AatitfeLU.,MJJ'Mi*' 


and  that 
sty  proba- 

Noyan  to 
which  tho 

the  crime 
ful  than  a 

eil  regret, 
0  at  least 
is  conduct- 
e  greatest 

!3  of  these 
.  de  Noyan 
irs'  old,  the 
en  months 
have  just 
de  Villerd, 
uncle,  and 
that  filled 
ured  these 
vtedly  sent 
ion  of  the 
1  soon  see 
)cs,  to  ren- 
trating. 

they  had  not 
minded  men, 
nd  excesiive  ' 
their  crimes, 
:t  on  the  part 
will  endeavor 
ce,  the  pardon 
■e. 


HISTORICATi  MEMOIKS  OF  LOUTSTANA. 

*  Shall  I  follow  these  gentlemen  in  their  imprisonment? 
Shall  I  tell  how  M.  de  Xfazan,  seized  with  a  terrible  (li.•^o^der, 
beheld  his  wife  in  vain  implore  permission  to  watch  beside 
her  husband  ?  Nay,  more  :  tho  son  of  that  old  soldier  ofl'ercd 
to  remain  in  prison  till  his  father's  recovery.  Nothing  could 
move  the  cruel  and  barbarous  general.  Mazan  spent  his  ill- 
ness in  prison. 
A  month  or  so  after  their  arrest  the  examinations  began.* 


•  It  appenr*  from  a  MS.  copy  of  tho  proeeii  verbal  of  this  trial  hpfore  me,  that 
O'Reilly  baspd  hia  proaecution  of  the  leaders  of  this  revolution  upon  a  ilatute 
of  Alf onto  XI  fVihich  in  the  first  law  of  the  seventh  title  of  tiic  first  partida, 
which  denounces  the  punishment  of  death  and  confiscation  of  property  aj^ainst 
those  who  excite  3ny  insurrection  agiiinst  the  king  or  state,  tak«  up  arms  under 
any  pretence  of  extendimg;  their  liberty  or  rights,  and  against  those  who  give 
them  any  assistance. 

The  prisoners  pleaded  against  the  jurisdiction  of  the  court,  which  was  over- 
ruled. They  denied  the  facts  with  which  they  were  arraigned ;  they  contended 
if  they  did  take  part,  they  did  so  while  the  French  flag  was  Htill  wavinir  over  the 
province  of  Louisiana,  and  while  yet  French  laws  were  still  in  force  ;  that  the 
facts  set  forth  did  not  constitute  an  olTence  against  the  laws  of  Spain  ;  that  they 
were  not  bound  to  bear  the  yoke  of  two  sovereigns;  that  O'Reilly  could  not 
command  the  obedience,  nor  respect  of  the  colonists,  until  he  had  made  known  to 
them  his  powers,  and  that  the  King  of  Spain  could  not  count  upon  their  alle- 
giance until  he  extended  to  them  his  protection. 

This  trial  and  the  proclamation  of  O'Reilly,  fixes,  beyond  a  doubt,  the  period 
when  Spanish  law  was  substituted  for  French  jurisprudence  in  l.ouisian".. 

The  powers  of  O'Reilly  were  unlimited,  and  extended  to  a  total  change  of  the 
laws,  the  fiscal  and  military  condition  of  the  country,  and  upon  which  the  treaty 
of  cession  remained  entirely  silent ;  although  the  letter  from  the  king  to  M. 
d'Abadie  held  out  some  delusive  hopes  that  they  might  not  be. 

After  the  execution  of  the  prisoners,  O'Reilly  caused  to  be  published  in  French, 
an  abridgment  of  Spanish  law,  with  references  to  the  books  in  which  they  are 
contained,  which  he  promulgated  for  the  government  of  the  province  until  the 
Spanish  language  should  be  better  understood,  and  the  colonists  better  able  to 
read  the  Spanish  laws  in  their  original  idiom. 

This  publication,  which  is  printed  in  the  appendix  to  this  volume,  was  follow, 
gd  by  an  uninterrupted  observance  of  the  Spanish  code  in  all  its  parts.  It  is  in 
evidence  that  O'Reilly's  ordinances  vert  never  repenle'l.  They  were  approved 
of  in  1772  by  the  Council  of  the  Indiei,  and  to  give  greater  force  to  what  O'Reilly 
had  done,  they  recommended  that  eeduhi  be  issued  to  that  eiTect. 

"Happily,"  says  Judge  Martin,  "  the  Spanish  laws  and  those  of  France  pro- 


204 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


During  tlie  interval  O'Eeilly  had  received  the  depositions  of 
all  who  wished  to  speak.  Animosity,  resentment,  jealousy, 
cupidity,  ambition,  terror  and  weakness,  excited  base  and  -"ale 
minds  to  dare  to  calumniate  the  worthiest  of  men.  And  what 
were  the  feelings  of  those  generous  patriots,  when  they  beheld 
themselves  falsely  accused  by  their  own  countrymen,*  by 

ceeded  from  the  same  origin,  the  Roman  code ;  and,  as  there  is  a  great  similarity 
in  their  rights,  testaments,  successions,  &c.,  the  translation  was  hardly  perceived 
by  the  mass  of  the  inhabitants  before  it  became  complete,  and  very  little  incon- 
venience resulted  from  it."  The  Supreme  Court  of  Louisiana  have,  on  several 
occasions,  substantially  sustained  this  view  of  the  question,  upon  which  now 
no  doubt  should  rest. 

*  Auliry  is  here  particularly  alluded  to,  for  the  supple  and  servile  part  he 
played  throughout  the  whole  of  this  period ;  notwithstanding  which,  he  was  a 
brave  and  accomplished  officer,  and  had  served  with  distinction  in  Italy,  befoi'e 
he  came  to  Louisiana.  In  1758  he  was  ordered  by  the  commandant  of  Fort 
Chartres,  Illinoie,  to  ascend  the  Ohio,  and  relieve  Fort  Duquesne,  which  was 
then  menaced  by  an  English  force  under  Major  Grant.  On  the  14th  of  Septem- 
ber he  arrived  at  the  fort,  and  aller  examining  the  position  of  the  English,  he 
sallied  out  the  next  day  and  attacked  them  with  great  bravery.  After  a  hard- 
fought  battle,  they  retreated  in  great  disorder,  and  left  three  hundred  men  dead  on 
the  field.  On  hearing  the  defeat  of  Major  Grant,  General  Forbes  sent  forward  a 
detachments  under  the  command  of  Col.  Washington  to  support  Grant.  As  he 
drew  near  the  fort  the  French  troops  became  disheartened,  and  Aubry  ordered  the 
fort  to  be  set  on  lire,  and  by  the  light  of  it  he  sailed  down  the  Ohio,  and  returned 
to  Fort  Cliattres.  Washington  on  the  next  day  planted  his  banners  on  its 
ruins,  and  named  it  Fort  Pitt. 

In  the  following  year  Aubry  was  ordered  with  a  strong  force  to  Niagara, 
where  he  again  attacked  the  English  with  great  intrepidity,  and  while  leading 
his  men  he  fell  covered  with  wounds.  He  was  taken  prisoner  by  the  English. 
After  his  release  he  went  to  France  for  his  health,  andnvas  rewarded  for  his 
bravery  with  the  cross  of  St.  Louis,  di  recovering  from  hie  wounds  he  return- 
ed to  Louisiana,  and  on  the  4th  of  February,  1765,  he  succeeded  D'Abadie,  (who 
had  died  very  suddenly,)  as  Governor  of  Louisiana. 

On  the  5th  of  March,  1766,  Ulloa  arrived  in  Louisiana,  but  as  there  was  no 
time  fixed  by  the  treaty  of  cession  to  deliver  the  province  to  Spain,  he  deferred 
from  time  to  time  to  take  possession  until  a  stronger  force  should  arrive  from 
Spain.  In  the  mean  time  the  colonists  became  dissatisfied,  and  a  revolution 
broke  out,  which  finally  led  to  his  expulsion. 

Aubry  protested  against  the  decree  of  the  Superior  Council,  and  immediately 
informed  his  government  cf  all  that  had  taken  place.  The  merchants  and  plan- 
ters published  a  memorial  to  justify  the  expulsion  of  Ulloa,  which  will  be  found 
published  in  this  volume. 


jiTOiwyu  ..i^iabauyuMai'^^tJ; 


;';!wyi'.u,;  iy,tja'fc:f  "gJi?-^^"  ■• 


WfW 


)ositions  of 
,  jealousy, 
36  and  vile 
And  what 
bey  beheld 
jrmen,*  by 

reat  similarity 
rdly  perceived 
ry  little  incon- 
ve,  on  several 
}n  which  now 

;rvile  part  he 
aich,  he  was  a 
n  Italy,  befoi'e 
indarit  of  Fort 
ne,  which  was 
Ith  of  Septetn- 
18  English,  he 
After  a  hard- 
d  men  dead  on 
sent  forward  a 
Grant.  As  he 
iry  ordered  the 
>,  and  returned 
>anners  on  its 

:e  to  Niagara, 
1  while  leading 
f  the  English, 
warded  for  his 
inds  he  return- 
D'Abadie,  (who 

9  there  was  no 
in,  he  deferred 
uld  arrive  from 
d  a  revolution 

nd  immediately 
hants  and  p!an- 
:h  will  be  found 


i]iiiiji-gh;niiiiiia|i_ji«»iiiif(j^.igii!ii|>i'. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


205 


Frenchmen  for  the  most  part  loaded  with  their  favors?  To 
crown  their  torture  they  needed  but  to  know  their  accusers, 
and  the  Spaniards  had  the  cruelty  to  name  them. 

It  would  be  too  long  to  dwell  in  detail  on  all  the  horrors 
called  into  being  in  those  fearful  moments.  Why  cannot  I 
transmit  to  posterity  the  names  of  the  w;-etches  who  had  the 

On  the  34th  of  July,  O'Reilly  arrived  at  the  Balize  with  throe  thousand  troops, 
and  on  the  same  day  he  sent  Bouligny,  his  aid,  to  announce  his  arrival  to 

Aubry. 

On  the  18th  of  August,  1769,  Aubry  delivered  up  the  province,  and  on  the 
next  day  O'Reilly  addressed  a  letter  to  Aubry,  asking  a  statt  i.  'it  of  all  that  had 
transpired  in  the  colony  from  the  departure  of  Ulloa  until  his  arrival,  and  the 
names  of  the  chiefs  of  the  revolution.  On  the  23d.  he  addressed  Aubry  another 
letter  on  the  same  subject,  requesting  him  to  furnish  all  the  documents  necessary 
to  convict  the  chiefs. 

On  the  24th,  Aubry  addressed  a  letter  to  O'Reilly,  giving  him  the  infonna- 
tion  he  required  ;  and  on  the  first  of  September  he  wrote  the  following  dispatch 
to  the  French  Minister ; — 

Monteigneur,—ra.{  eu  I'honneur  de  rendre  compt^a  votre  grandeur  de  la  prise 
de  possession  de  la  Louisiane  par  M.  Ic  General  O'Reilly,  et  de  toutes  les  circon- 
stances  qui  ont  accompagne  ce  memorable  evenement. 

Depuis  ce  temps  A.  le  Gen6ral  s'est  occiipee  d  prendre  la  connaissance 
la  plus  exa'cte  de  la  cause  de  la  rtvolte  du  vingt  neuf  d'Octobre,  1768, 
et  des  auteurs  d'un  attentat  qui  a  mis  t^ette  colonic  a  deux  doigts  de  sa 
perte.  J'ai  rc9U  une  lettro  de  lui  le,  19,  d'aout,  dont  est  cy  joint  la  traduction 
exacte  par  la  quelle  il  me  marque,  quetant  gouverneur  de  cette  province  pour  sa 
niajeste  tr6s  Chrctienne  et  present  a  tout  ce  qui  s'y  est  passii.il  desirait  queje 
I'instruisisse  des  causes  de  la  .evolte  et  des  noms  de  ceux  qui  ont  seduit  et  excite 
le  peuple  a  se  presenter  les  axmes  a  la  main,  etpour  expulscr  par  la  violence  M. 
Dn.  Antonio  da  Uiloa,  elu  par  sa  majcste  Catholique  gouverneur  de  pays,  et  mo 
prie  egalement  de  lui  marquer  le  nom  des  auteurs  de  tous  les  cxees  qu'on  a  apres 
continue  envers  tous  les  officers  et  la  troupe  Espagnols. 

J'ai  I'honneur  de  vous  adresser,  Monseigneur  la  copie  exacte  de  la  response  en 
date  du  20,  d'Aout  que  j'ai  cm  qUe  le  devoir  de  mon  etat  m'ohligeait  de  faire  a 
M.  le  General,  dans  laquelle  je  lui,  expose  avec  tout  I'honneur  et  la  verite  dont  jo 
Buis  capable  toutes  les  connaissances  que  j'ai  sur  les  causes  de  ce  malheureux 
evenement.  et  sur  les  principaux  auteurs  de  tous  les  exces. 

Le  31,ahuitheure8du  matin,  M.  lo  General  me  communiqu'a  pour  la  premiere 
fois  les  orders  de  S.  Mte.  pour  faire  arreter  et  juger  selon  les  lois  les  chefs  de 
cette  conspiration,  ce  dont  jo  n'avis  aucune  connaissance  auparavant,  Jl  les  fit 
tous  assembler  chez  lui  sous  differens  pretextes,  et  en  ma  presence  il  Icur  dit : 

"  Messieurs,  la  nation  Espagnole  est  respcctce  et  veneree  par  foute  la  terre,    La 


206 


mSTORIOAL  MEMOIRS  OF  LOUISIANA. 


m 


vileness  to  depose  against  their  countrymen  ?  But  the  public 
voice  points  them  out,  and  their  deed  brands  their  name  with 
infamy.  Kapidly  would  I  pass  over  the  fearful  picture  I  have 
yet  to  trace.  I  would  fain — but  I  have  resolved  to  be  exact — 
Let  us  conclude  these  sad  details. 
,  On  the  24th  of  Oqtober,1769,  the  Spanish  council,  on  hear- 

Louisianc  est  done  la  seul  pays  do  I'univers  ou  on  I'ignore,  et  ou  on  manque  aux 
egards  qui  lui  sont  dus.  S.  Mle.  Catholique  est  ties  oiTensee  de  tous  les  ecritg 
qu'on  a  imprimea  et  qui  ontragent  son  gouverncmcnt  et  la  nation  Espagnole, 
ainsi  que  de  la  violence  et  de  I'attentat  qui  a  etc  co;nmis  envers  8on  gouverneur, 
ses  oflficiers,  ct  ses  troupes.  Elle  m'ordonnc  dc  faire  arrctcr,  et  juger  selon  lea 
lois,  leg  auteurs  de  toua  ces  exces,  et  ;]e  ces  violences,  apres  leurs  avoir  lu  les 
ordres  de  S.  Mle.  a  so  sujet,  M.  le  General  leur  ajouta,  Messieurs,  vous  etes 
accuses  d'etre  les  chefs  de  cette  ruvolte,  je  vous  arrete  au  nom  du  Roi,  je  souhaite, 
que  vous  puissiez  prouver  votre  innocence,  ct  etre  a  merae  de  vous  rendre  bien- 
tot  les  epues  que  je  viens  de  vous  oter.  Vous  produirez  toutes  vos  defenses  devant 
les  judges  equitables  qui  sont  devant,  cc  seront  eux  qui  instruiront  votre  proces, 
et  qui  vous  jugeroiit,  il  ajouta,  on  a  couturac  en  Espagne  de  Sequestrer  les  biens 
et  les  fortunes  dcs  prisonniers  d'Etat,  les  votrcs  le  seront  par  consequent,  mai 
vous  devez  etre  certains  qu4,vous  serez  traites  avec  tour  le  soin  possible  dans 
I'endroit  qui  vous  est  destine,  ct  a  I'egard  de  vos  ferames  et  de  vos  enfans,  soyez 
persuade  que  je  leur  ferai  donner  tous  les  secours  dont  elles  pourront  avoir 
besoin." 

Aussitol  plusieurs  ofiiciers  accompagnez  d'un  detachement  de  Grenadiers  les 
ont  conduits  dans  les  endroits  qui  leur  est  destine,  savoir,  au  quartier  et  dans  les 
Yaifcseaux  de  S.  Mte.  Catholique. 

J'ai  I'honnuur  de  vous  adresser,  Monseigneur,  le  nom  du  petit  nombre  de  ceux 
que  M.  le  General  a  ete  oblige  indispensableinent  de  faire  arreter  cequi  prouve  sa 
generosite  et  sa  bonte,  y  en  ayant  bien  d'autres  que  leur  conduite  criminelle 
m'etat  dans  Ic  cas  d'eprouver  le  me'me  sort,  et  afin  de  tmnquiliser  le  peuples,  et 
lea  habitants  qui  etaicnt  alarmes  M.  le  General  a  fait  publier  aussitot  au  nom  du 
Koi  un  pardon  general  pour  tout  ce  qui  s'es',  passe,  a  I'exception  de  ceux  qui  ont 
seduit  le  pcuple  d  conimcttre  cet  attentat  les  quels  seront  juges  selon  les  lois ; 
cette  ordonnance  aflichee  et  publiee  dans  les  quatre  coins  de  la  ville,  au  son  des 
tambours  et  de  dilFerens  instrumcns,  accompagnes  de  toutes  les  compagnies  de 
Grenadiers,  n  produit  un  tres  bon  effet,  et  cause  une  satisfaction  generale. 

Le  23,  au  matin,  j'ai  rcf  u  une  lettre  de  M.  le  General  dont  j'ai  I'honneur  de 
vous  cnvoyer  la  traductioa  exacte,  par  laquclle  il  me  marq^e  qu'on  lui  a  remis 
I'originat  d'un  papier  qui  a  pour  litre,  memoire  des  habitants  et  negocians  sur 
I'evencment  du  89  d'October,  qui  s'est  trouve  chez  rimpriraeur  Braud,  avee  I'ordre 
signu  de  M.  Faucault,  faisant  fonctions  d'ordonnatcur,  pour  qu'il  soit  imprime, 
et  qu'attendu  quo  ce  libclle  est  oflfonsaut,  au  plus  hant  dcgre,  a  a  I'autorite  et  au 
respect  dii  a  sa  niajestie  Catholique,  et  est  diflamatoire  d  toute  la  nation  Espag- 


:i'.;.U^j-.'i:Ai;'!i!r„'uw..i'i  ,•"" 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


20T 


the  public 
lame  with 
ire  I  have 
)e  exact — 

,  on  hear- 

manque  aux 
ous  les  ecrits 
n  Egpagnole, 
1  gouverneur, 
iger  aelon  lea 
r8  avoir  lu  les 
irs,  V0U8  etes 
,  je  souhaite, 
I  rendre  bien- 
fcnseg  (levant 
.  votre  proces, 
itrer  les  biens 
isequent,  mai 
possible  dans 
enfans,  soyez 
ourront  avoir 

Grenadiers  les 
ier  et  dans  les 

)mbre  de  ceux 
qui  prouve  sa 
ite  criminelle 

le  peuples,  et 
tot  au  nom  du 
;  ceux  qui  ont 
selon  les  lois ; 
le,  au  son  dos 
ompagnies  de 
;enurale. 
i  I'honneur  de 
on  lui  a  remis 
negocians  sur 
d,  avee  I'ordre 

soit  imprime, 
'autoritc  et  au 
nation  Espag- 


say  calumnies  refuted  by  the  accused  and  by  three-fourths  of 
the  colony,  dared  to  pronounce  on  the  gentlemen  arrested  the 
most  sanguinary  sentence.  Let  us  pass  for  a  moment  over  the 
inhumanity  of  this  sentence  to  regard  merely  its  irregularity. 
First,  if  we  believe  the  Spaniards  themselves,  they  had  no 
judges  but  O'Reilly  and  the  Auditor.  But  let  us  not  admit  facts 

nole,  et  que  le  crime  de  M.  Faucault  est  plainement  justifie  par  sa  signature,  il 
ne  laisse  aucun  doute,  qu'il  n'ait  ete  un  des  chef  et  principaux  moteurs  du  sou- 
levement  et  extds  commis  contre  Monsiur  Don  Antonio  de  Ulioa,  et  le  gouverne- 
mentde  S.  Mte.  Catholique,  M.  le  General  me  prie  en  consequence  de  faire  saisii 
avec  la  plus  grande  surete  et  promptitude  la  personne  de  M.  Foucault,  afin  que  la 
justification  faite  de  sa  conduite  tres  infidellc,  ct  criminelle  nous  puissons  I'un  et 
I'autre  en  rendre  compte  a  nos  souverains  respectifs  avec  la  remise  du  me'me 
proces  ;  J'ai  I'honneur  de  vous  addresser,  Monseigneur,  la  reponse  que  j'ai  cru 
que  le  devoir  de  mon  etat,  ui'oblieait  de  fairo  d  le  General ;  quoi  qu'avec  bien  de  la 
doulur  je  n'ay  pu  me  refuser  a  une  aussi  juste  demante  de  sa  part ;  enconsequence 
j'ai  ordonner  a  M.  de  Grandmaison  cy-devant  Major  d'aller  avec  Messrs.  de  la  . 
Mazetiere,  le  plus  ancier  Captaine,  et  Aubcrt,  Aide-Major,  arreter  au  num  du  Roi, 
Faucault,  dans  sa  maison  ou  j'ai  envoye  aussitot,  avec  I'agrement  de  Monsieur  le 
General,  un  detachement  Fran^ais  et  deux  ofliciers  qui  sent  relevus  tour  les  jours 
lesquels  j'a  rcndui  responsables  de  sa  personne.  J'ai  aussi  ordonne  a  M.  da 
Grandmaison  de  mettre  les  celles  sur  les  papiers,  assistc  dc  Mps.srs.  (I«>  la  Maze- 
tiere ct  Aubert,  en  presence  de  M.  Dobe,  faisant  fonction  dn  controlnur  de  la 
Marine,  lequcl  j'ai  charge  du  soin  de  la  comptabilite,  le  rendant  responsable  da 
mal  qu'il  pourrait  faire,  quoi,que  je  ne  Ten  croye  nullcment  capable,  attend* 
qu'il  est  hoiiete  hommc,  et  a  toujours  desaprouve  la  conduite  dc  son  chef. 

Le  26,  d'Avout  tous  les  principaux  habitans  de  Li  campagne  ct  ceux  do  la 
ville,  on  pretrs,  solemncllement  serment  d'obeissancc  et  dc  fidelite  u  S.  Mto. 
Catholique  entre  les  mains  de  M.  le  General.  Cette  ceremonic  s'est  fai'.e  avec 
beaucoup  d'ordrc  ct  dc  dignite  ;  je  lui  ai  prescnte  tous  les  corps  chacun  scion 
leur  rang ;  M.  le  General  leur  a  prononce  a  haute  voix  toutes  les  obligations  aux 
quelles  le  sorment  les  cngageait,  ct  les  liait ;  il  leur  adit  qu'ils  avaicnt  un 
pleine  et  entiere  libertie  pour  le  faire,  ou  pour  le  refuser ;  que  ceux  qui  ne  vou- 
laient  point  s'y  engager  elaient  les  mailres,  et  qu'il  leur  donnerait  tous  le  terns 
et  les  facilitees  pour  arranger  Icurs  aiTaires.  ct  se  retircr  dans  leur  i^utrir.  Presque 
tous  geiieralemcnt  Ton  preto  avec  zulc,  ctjose  assurer  qu'ls  suront  durenavant 
aussi  iidelles  sujets  de  S.  Mte,  Catholique  qu'ils  I'ont  etu  du  Roi  tres  Chretien  ; 
apres  que  tout  le  mondo  a  eu  prete  Serment  j'ai  cte  avec  tous  MrsHicurs  les 
officiers  au  dovant  de  M,  le  General,  et  lui  ai  dit  que  nous  etions  tres  flattes  ct 
honores  de  scrvir  sous  les  ordres  d'un  general  aussi  rccommand&blo  que  lui,  que 
nous  etions  prets  d  repandre  notre  sang  pour  le  service  du  Roi  d'Kspagne 
comme  pour  celui  du  Roide  France,  et  qu'en  agissant  ainsi,  nous  cxecuterions 
la  volonte  du  Roi  notre  maitrc,  ce  qui'etait  la  seule  chose  que  nous  desirions ;  il 


208 


HISTORIOAL  MEKOntS  OF  LOUISIANA. 


SO  incredible;  let  us  suppose  the  council  named  to  try  the' 
victims,  was  composed  of  a  competent  number  of  judges,  the- 
proceedings  would  still  be  irregular.  ' 

I  One  man  accuses  another,  equity  demands  that  they  be  con- 
fronted, and  discussion  is  generally  the  torch  that  guides  the 
judge.    But  here  they  merely  wished  a  mask  to  cover  an 

a  ete  entiereroent  satisfait  de  cette  demarche,  et  noua  a  fait  la  reponio  la  plus 
obligeante. 

La  fdtede  la  St.  Louis,  celle  du  Diman^he,  et  lea  occnpations  que  nous  avoni 
euea  le  jour  qu'on  a  prete  serment  de  6delite,  ne  m'ont  pas  permit  de  faire  lever 
les  celles  qu'on  avaient  apposes  sur  les  papiers  de  M.  Foucault  que  lo  28. 
I'ordonne  ce  jour  a  M.  de  Grandiraison  cy-devant  Major,  Messrs.  de  la  Mazetierea 
et  Trudeau,  Capitaines  assistes  du  8r.  Garic,  notaire  de  cette  viile,  de  se  trans- 
porter dans  la  Maison  de  M.  Foucrtult,  pour  en  presence  de  M.  Bobe,  controleur 
de  la  Marine,  proceder  a  la  reconnaissance  ot  levee  des  celles  apposes  le  23. , 
Du  present  mois  sur  les  bureaux  et  cabinets  contenant  les  papiers  et  coraptes  dea 
finances  et  autres  coraptabilites  pour  eusuite  etre  lemis  a  M.  Dobee  d  I'exception  ' 
des  papiers  qui  pourront  avoir  raport  a  Tevenemenl  du  le  29  d'October,  lea 
quels  (kiivcnt  in  m'Stre  remis  par  M.  de  Grandmaison. 

J'ai  egalemcnt  ordonne  le  meme  jour  a  M.  de  Grandmaison  et  aux  memea 
ofliciers  assistees  du  dit  notaire  de  faire|a  M.  Foucault  une  declaration  par  serment  , 
de  tous  les  bieits,  mcubles  et  immeublcs  qu'il  peut  avoir  dans  cette  colonie.    II  a  - 
declare  tres  pen  de  biens,  et  beaucoup  de  dettns  en  France  et  dans  cette  colonie. 

J'ai  I'honneur  de  vous  addresser,  Monsieur,  la  copie  des  actes  qui  ont  ete  faita  . 
a  ce  sujet,  Malgre  que  toutes  les  operations  precedentcs  ayent  donne  consider*  . 
ablcment.     D'occupation  a  M.  le  General,  il  n'a  pas  neglige   la  les  soins  du 
gouvernement  auxquels  il  i'est  donne  tout  cntier  ;  des  voitures  ont  ete  expedieea 
dans  tous  les  Pustes  pour  annoncer  la  nouvelle  de  son  arrivee,  et  de  la  prise  de 
possccsion. 

Les  commandants  de  la  Pointe  Coupee,  et  des  Acadians  out  rei,'U  ordrc  den- 
Toyer  a  la  ville  les  principaux  habitans  munis  du  pouvoir  de  tous  les  autres  pour 
preter  le  serment  de  fidelite  ;  a  I'egard  des  postes  eloignes,  M.  le  General  a  charge 
de  ses  Pouvoirs  les  officiers  qui  y  commandent  pour  faire  preter  le  serment  aux 
habitans  qui  y  sent  etablis. 

La  saiton  ne  permettant  point  d'envoyer  un  convoi  aux  Illinois,  M.  le  General  it  ' 
marque  a  M.  de  St.  Ange  qui  y  commande  et  qui  y  est  de  puis  cinquante  ana 
qu'ayant  confiance  dans  sou  experience  et  sa  probite,  il  n'a  qu'a  lui  envoyer 
I'etat  de  ce  qu'il  pense  neceesaire,  tant  pour  les  sauvages  que  pour  la  protection  ^ 
des  habitans  et  qu'il  aura  egard  a  ses  demahdes. 

Son  intention  est  de  n'etablir  des  nou veautes  qu'autant  qu'il  le  sera  absolument ' 
n^essaire,    II  continuerk'et  fera  cxecuter  tous  les  reglemens  sages  et  utiles  que  la 


faiblesse  du  gouvernement  n'a  pas  pcrmis  defairS  d'observer  dc  puis  plusieura 
•nneea.  II  suivra  le  code  noir  qui  lui  a  paru  rempli  d'ordonnances  sages  et  utilea 


T 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


:W]^ 


0  try  the 
idges,  the 

ij  be  con- 
juides  the 
cover  an 

pome  la  plus 

c  noui  avons 
lie  faire  lever 
It  que  lo  28. 
la  Mazetieres 
,  de  M  trans- 
lie,  controleur 
tpposea  le  23. 

1  comptes  lies 
a  I'exception 
['October,  les 

t  aux  meines 
n  par  serment 
colonie.  II  a 
:ctte  colonie. 
II  ont  «te  faitg 
mne  consider- 
les  soins  du 
ete  expediees 
de  la  prise  de 

efu  ordrc  den- 
es autres  pour 
ineral  a  charge 
e  serment  aux 

A.  le  General  d 
cinquante  ans 
'a  lui  envoyer 
r  la  protection 

ixa.  absolument 
ct  utiles  que  la 
puis  plusieurs 
sages  et  utiles 


action  at  which  a  savage  would  have  blushed.  These  barba- 
rians, deaf  to  all  but  vengeance,  would  at  least  have  shuddered 
to  shed  innocent  blood.  They  would  have  dreaded  to  have 
that  indelible  stain  cast  upon  them.  Yet  we  see  an  enlightened 
nation,  a  people  who  boasts  itself  a  scrupulous  observer  of  a 
religion  of  peace,  and  not  of  bloodshed,  of  a  religion  breathing 
naught  but  clemency  and  goodness — we  see  a  council  com- 
posed of  men  respectable  in  age  and  rank,  to  make  reparation  for 
an  insult  to  their  flag  and  king,  pronounce  sentence  of  death 
on  men  whose  whole  attention  had  been  to  show  respect  for 

ant  pour  la  discipline  des  negrea,  que  pour  moderes  la  trop  grande  purete  des 
maitres.    Ce  qui  a  flatte  infiniment  les  habitans. 

J'ai  i'honneur  de  nous  addresser,  I'urdonnance  que  M.  le  General  a  rendue  a  ce 
■ujet. 

Enfin  a  pres  lant  de  troubles  et  de  discorres  qui  ont  desole  si  longtemps  cette  co- 
lonie, il  est  surprenant  que  la  presence  d'une  seule  personne  y  retablisse  en  si  peu 
de  temps  le  bon  ordre,  la  paix  et  la  tranquilite.  Si  pour  le  bonheur  de  ce  pays,  M. 
le  General  y  fut  arrive  plutot  nous  n'aurions  jamais  ete  temoins  de  toutes  les 
calamitea  dont  il  a  ete  afflige.  A  cela  pres  du  petit  nombre  de  families  qui  sont 
dans  la  consternation  pour  la  juste  disgrace  de  leurs  parens  qui  ont  ete  arretes, 
tout  le  reste  de  la  colonie  est  tranquilie  ct  content. 

Tous  les  habitans  sont  flattes  de  ce  que  Sa  Majeste  Catholique  leur  a  envoye 
un  General  qui  ecoute  avec  bonte  les  personnes  qui  ont  afiitiie  a  lui,  craint, 
respecte,  et  aiine,  pour  la  generosite,  sa  bonte,  ct  sa  justice  envers  tout  le  monde. 
II  fera  le  bonheur  de  cette  colonic. 

J'ai  I'honneur  d'etre  avec  un  profound  respect, 

""  De.  votrc  Grandeur,  Monseigneur, 

Votre  tres  humble  et  tres  obeissant  serviteur, 

(Signed)        Aubry. 
Nile.  Orleans,  I  Septsmbre,  1769. 

Having  transferred  the  province  to  General  O'Reilly,  Aubry  now  prepared  to 
return  to  France.  In  the  beginning  of  the  year  1770,  he  embarked  on  board  a 
ship  bound  to  Bordeaux,with  all  his  property,  and  the  public  papers  belonging  to 
the  province.  On  the  18th  of  February,  as  the  vessel  entered  the  mouth  of  the 
Garonne,  she  encountered  a  violent  storm,  and  was  shipwrecked.  All  on  board 
perished  except  four  sailors,  who  succeeded  in  reaching  the  shore. 

The  King  of  France,  in  order  to  show  how  niuch  he  appreciated  the  services 
of  Governor  Aubry,  immediately  granted  pensions  to  both  his  brother  and  sister 
for  life.  The  olScial  correspondence  of  Aubry  is  deposited  in  the  archives  at  Paris, 
but  his  private  journal,  with  the  valuable  archives  of  the  colony,  were  lost  with 
him  in  the  shipwreck.  r    Y,-n"-- 

14 


.iijjft'f* 


[ 


210 


HISTOmCAL  MEMOIRS  OP  LOUISIAKA. 


both-on  men  whoso  lips,  as  moderate  as  their  conduct,  had 
uttered  no  insult  to  any  Spaniard,  not  even  to  the  author  of 
their  evils-on  men,  who  had  acted  only  against  a  man  with 
no  recognized  title  or  authority  ;-on  men,  in  a  word,  whose 
innocence  O'Reilly  himself  had  attested  by  authentically 
taking  possession;  by  absolving  them  from  allegiance  to  the 
crown  of  France,  and  accepting  an  oath  to  the  fideUty  of  the 
Spanish  monarch.  _ 

Let  us  for  a  moment  suppose  them  to  have  been  guilty ;  had 
not  their  pardon  been  assured  them  by  an  authentic  promise, 
by  the  plighted  word  of  honor  of  O'Reilly  himself,  to  follow 
in  his  master's  name  only  clemency  and  goodness,  if  the  colony 
offered  no  opposition  to  his  taking  possession.  But  he  made 
hesitation  a  crime  on  the  inhabitants,  and  feigned  to  believe, 
as  he  openly  declared,  that  the  deputation  sent  him  was  only 
a  pretext  to  examine  his  force,  and  see  what  hope  there  was  in 

resistance. 

If  we  are  to  believe  public  report,  the  judge,  after  the  inves- 
tigation, found  nothing  criminal  in  the  accused.  "  Do  as  you 
like,"  said  O'Reilly,  "  I  must  have  six  victims."  ;; 

The  process  was  begun  again,  and  a  new  form  taken  to 
palliate  at  least  the  atrocity  of  the  sentence,  which  they  wished 
to  color  with  a  hue  of  justice. 

Shall  I  here  repeat  this  unjust  and  barbarous  sentence?* 
Shudder,  generatioi^s  yet  to  be  I  Shudder  with  horror  and  in- 
dignation! Six  were  condemned  to  confinement  more  or  less 

SENTENCE  OF  THE  COCRT. 

•  « In  the  criminal  trial  instituted  by  the  king,  our  sovereign,  to  discover  and 
punish  the  chiefs  and  authors  of  the  conspiracy  which  broke  out  in  th,s  colony  on 
bie  29th  of  October,  1768,  against  its  Governor,  Don  Antonio  de  Ulloa,  all  he 
orounds  of  the  accusation  having  been  substantially  investigated,  according  to  the 
Le  forms  of  the  law,  between  the  parties  on  one  side,  the  Ucent.ate.  Don  Fehx 
-  del  Rey,  a  practising  advocate  before  the  royal  courts  of  St.  Domingo  and  Mexico, 
here  acting  in  his  capacity  of  attorney-general  appointed  by  me  for  the  king. 


i^sraJW" 


I 


1 


aduct,  had 
!  author  of 
man  with 
ord,  whose 
thentically 
,ncc  to  the 
ility  of  the 

[uilty ;  had 
ic  promise, 
f,  to  follow 
'  the  colony 
ut  he  made 
to  believe, 
m  was  only 
there  was  in 

ertheinves- 
"  Do  as  you 

m  taken  to 
they  wished 

3  sentence?* 
orror  and  in- 
more  or  less 


,  to  discoyer  and 
in  this  colony  on 
de  UUoa,  all  the 
,  according  to  the 
itiate.  Don  Felix 
lingo  and  Mexico, 
me  fot  the  king, 


UI3T0KICAL  MEMOIRS  OF  LOUISIANA. 


protracted  ;*  six  more  to  be  hung,  and  these  in  consideration 
for  their  families  were  shot  next  morning  If  In  vaiu  they  ap- 
pealed from  this  unjust  and  informal  judgment  to  the  tribunal 
of  his  Catholic  majesty  ;  in  vain  they  demanded  the  rights  of 
humanity  and  justice ;  in  vain  they  acted  the  due  respect  of 
nation  to  nation,  and  sovereign  to  sovereign;  in  vain  they 

according  to  royal  authority  vested  in  me,  and  on  the  other,  Nicholas  Chauvin  de 
la  Frenierc,  cx-attorney-gcneral  for  the  King  of  France,  and  the  senior  member 
of  the  Superior  Council,  Jean  Baptisle  Noyan,  his  son-in-law,  Pierre  Caresse, 
Pierre  Marquis,  Joseph  Milhet,  an  attorney  to  the  memory  of  Joseph  Villere,  on 
account  of  this  culprit,  demise  in  prison,  Joseph  Petit.  Balthasar  Mazan,  Jerome 
Doucet,  Pierre  Hardi  de  Boisblanc,  Jean  Milhet,  and  Pierre  Poupct,  accused  of 
having  participatrj  in  the  aforesaid  crime  and  in  the  sulisequcat  seditions  which 
broke  out  against  the  Spanish  government  and  nation  ;  having  compared  the  infor- 
mation, depositions  and  other  documents  insetted  in  the  proces  verbal  of  this 
case  ;  having  compared  the  confessions  of  the  accused  with  the  papers  found  in 
the  possession  of  some  of  them,  and  by  them  acknowledged  as  theirs  ;  the  accused 
being  heard  in  their  defence,  and  the  charges  brought  against  them  being  accom- 
panied with  their  respective  proofs  ;  having  heard  the  conclusion  of  the  attorney- 
general  in  his  bill  of  indictment ;  all  being  examined  and  considered  either  in 
point  of  fact  or  of  law,  in  a  case  replete  with  circumstances  so  grave  and  so 
extraordinary  ;  and  taking  into  consideration  all  that  results  from  said  trial  to 
which  I  refer,  I  have  to  declare,  and  I  do  declare,  that  the,  aforesaid  attorney- 
general  has  completely  proved  what  he  had  to  prove,  and  that  the  accused  have 
not  proved,  and  established  allegations  set  up  in  their  defence,  that  they  have 
made  out  no  exception  which  frees  them  from  the  crime  imputed  to  them,  and 
still  less  saves  them  from  the  penalties,  which,  according  to  our  laws  (Spanish), 
they  have  incurred  for  their  respective  shares  in  the  oxcesses  which  have  been 
enumerated  by  the  attorney-general,  Don  Felix  del  Key  ;  so  that  from  the  pre- 
sent, I  have  to  condemn  the  aforesaid  Lafreniere,  Noyan,  Caresse,  Marquis  and 
Milhet,  as  being  the  chiefs  and  principal  movers  of  the  aforesaid  conspiracy,  to 
the  ordinary  pain  of  the  gallows,  which  they  have  deserved  by  the  infamy  of  their 
conduct ;  and  ipso  jure,  by  their  participation  in  so  horrible  a  crime,  and  to  be 
led  to  the  place  of  execution,  mounted  on  asses,  and  each  one  with  a  rope  round 
his  neck,  to  be  then  and  there  hung  until  death  ensue,  and  to  remain  suspended 
to  the  gallows  until  further  orders  ;  it  being  hereby  given  to  be  understood,  that 

♦  De  Mazan,  Hardi  de  Boisblanc,  Petit,  Milhet,  senior,  Poupet  and  Doucet, 
were  transferred  to  Spanish  ships,  and  conveyed  to  Havana,  where  they  were 
treated  with  great  inhumanity,  and  detained  till  the  French  court  solicited  their 
liberation 

t  Lafreniere,  Noyan,  Caresse,  Milhet  and  Marquis,  were  shot  in  the  yard  of 
the  barracks  on  the  25th  of  October,  1769. 


212 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


!| 


proved  that  they  had  never  ceased  to  be  Frenchmen ;  that  never 
having  taken  any  oath  to  the  Spanish  king,  they  could  not  be 
guilty  towards  him  for  sending  oflf  a  man  with  no  public  or 
acknowledged  authority;  in  vain  they  claimed  the  rights  of 
subjects  of  the  king  of  France,  employed  in  his  service — the 
sentence  was  passed,  they  had  to  meet  it. 

Now  their  patriotic  courage,  inflamed  by  the  certainty  of 
dying  innocent,  and  the  conviction  that  fidelity  to  their  king 
alone  brought  them  to  the  scaffold,  was  enkindled  anew.  They 
exhorted  one  another  to  the  firmness  needed  in  that  fearful 

.any  one  having  the  temerity  of  carrying  away  their  bodies,  without  leave,  or  of 
'Contravening  in  whole  or  in  part,  the  execution  of  this  very  same  sentence,  shall 
^■ufler  death.  And,  as  it  results  also  from  said  trial  and  from  the  declaration  of  the 
aforesaid  attorney-general,  that  the  late  Joseph  Viilere  stands  convicted  likewise  of 
*having  been  one  of  the  most  obstinate  promoters  of  the  aforesaid  conspiracy,  I 
•condemn  in  the  same  manner  his  memory  to  be  held  and  reputed  for  ever  as  infa> 
.mous  ;  and  doing  equal  justice  to  the  other  accused,  after  having  taken  into  con- 
sideration the  enormity  of  their  crime,  as  proved  by  the  trial,  I  condemn  the 
aforesaid  Petit  to  perpetual  imprisonment,  in  such  castle  or  fortress  as  it  may 
please  his  majesty  to  designate  ;  the  aforesaid  Masan  and  Doucet  to  ten  years 
imprisonmrnt ;  Pierre  Hardi  de  Boisblanc,  Jean  Milhet,  and  Pierre  Poupet  to  six 
years  imprisonment,  with  the  understanding  that  none  of  them  shall  ever  be  per- 
mitted to  live  in  any  one  of  the  dominions  of  bis  Catholic  majesty,  reserving  to 
myself  the  care  to  have  every  one  of  these  sentences  provisionally  executed,  and 
to  cause  to  be  gathered  up  together  and  burnt  by  the  hand  of  the  common  hang- 
man, all  the  printed  copies  of  the  document  entitled,  "  Memorial  of  the  Planters, 
Merchants,  and  other  inhabitants  of  Louisiana,  on  the  event  of  the  29th  of  Octo- 
ber, 1768,"  and  that  all  other  publications  relative  to  the  conspiracy  be  dealt  with 
in  the  same  manner ;  and  I  have  further  to  dec:.'ee,  and  I  ^o  decree  in  conformity 
with  the  same  laws,  that  the  property  of  every  one  of  the  accused  be  confiscated  to 
the  profit  of  the  king's  treasury  ;  and  judging  definitively,  I  pronounce  this  judg- 
ment, with  the  advice  of  Dr.  Manuel  Jose  de  Urritia,  auditor  of  the  war  and  the 
navy,  for  the  harbor  and  city  of  Havana,  and  the  special  assessor  named  by  me 
for  this  cause,  under  the  royal  authority ;  and  his  fees,  as  well  as  those  of  the 
officers  employed  in  this  trial,  shall  be  paid  out  of  the  confiscated  property,  in  tke 
manner  prescribed  by  law. 

(Signed)  "  Alexandbr  O'Reillt.  *Y 

(Countersigned)         "  Mandbl  Josb  de  Urkitia." 

This  sentence  was  atleiwards  modified  to  shooting,  instead  of  hanging  the 
jiiisoners. 


I 
t 

ii 
I 
c 
b 

s 
h 
h 
d 


01 

w 
tc 
b 
g 


Ji.kM^£LM^^S.Mf!^M. 


{tasfwY-AHM.' 


that  never 
mid  not  be 
I  public  or 
le  rights  of 
srvice — the 

iertainty  of 
I  their  king 
new.  They 
that  fearful 

lut  leave,  or  of 
sentence,  ahall 
claration  of  the 
cted  likewise  of 
id  conspiracy,  I 
or  ever  as  infa- 
taken  into  con- 
[  condemn  the 
;re88  as  it  may 
!t  to  ten  years 
e  Poupet  to  six 
lall  ever  be  per- 
ly,  reserving  to 
y  executed,  and 
common  hang- 
of  the  Planters, 
le  29th  of  Octo- 
cy  be  dealt  with 
:e  in  conformity 
se  confiscated  to 
junce  this  judg- 
.he  war  and  the 
■  named  by  me 
as  those  of  the 
property,  in  the 

'Reilly. 
DB  Ubwtii." 
of  hanging  the 


Jk^.,.M:'!2:^'!M.-  • 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


moment ;  but  the  bloody  preparations  were  no  terror  for  them ; 
they  advanced  with  that  tranquillity  and  firmness  which  a  feel- 
ing of  innocence  gives.  Placed  side  by  side,  facing  their 
butchers,  their  hands  raised  to  the  God  who  avenges  the  inno- 
cent and  rewards  the  virtuous,  they  absolutely  refused  to 
bandage  their  eyes.  "  Death  has  no  terror  for  us,"  said  M.  le 
Marquis,  and  with  the  greatest  sang  froid  asked  for  a  pinch  of 
snuff.  "  Know  that,  foreigner  as  I  am,  my  heart  is  French ;  it 
has  always  beat  for  Louis,  tlie  well-beloved,  to  whose  service  I 
have  sacrificed  thirty  odd  years  of  my  life,  and  I  glory  in 
dying  for  my  attachment  to  him." 

"  Let  this  consoling  idea  bear  us  up,"  said  De  la  Freni6re, 
"and  reconcile  us  to  the  cruel  separation  which  the  idea  of 
our  death  might  otherwise  render  insupportable.  May  our 
well-beloved  king  learn  how  dear  he  was  to  us,  how  we  glory 
to  die  his  faithful  subjects.  If  he  can  be  informed,  let  us  not 
be  solicitous  for  the  fate  of  our  wives  and  children— to  his 
generous  hands  we  resign  them.  To  die  for  our  king — to  die 
Frenchmen — is  there  anything  more  glorious?  This  idea  so 
exalts  my  mind,  that  if  at  this  terrible  moment,  when  I  am 
ready  to  appear  before  the  Eternal,  the  Spaniards  offered  me 
life  on  condition  of  my  renouncing  my  French  allegiance,  I 
would  as  firmly  as  now  say, — Fire." 

Hands  trembling  at  the  sight  of  this  heroic  courage,  dared 
execute  this  savage  command.  M.  de  la  Frenitire  fell  bathed 
in  blood ;  but  the  Eternal  refused  to  receive  a  soul  which  he 
had  placed  on  earth  to  be  its  ornament.  M.  de  la  Freni^re, 
still  palpitating,  laid  his  hand  on  his  heart,  they  thought  they 
heard  him  say,  "  It  is  French."  A  second  discharge  annihila- 
ted life,  after  these  signal  proofs  of  his  patriotism.  The  rest 
were  already  no  more. 

Let  us  here  give  free  vent  to  our  tears ;  they  are  too  just  a 


,i 


i  i! 


I 


m 


niSTOIlICAL  MKMOinS  OF  LOUISIANA. 


tribute  to  be  refused;   they  would  flow  despite  the  hardest 
heart.    Let  us  transmit  to  posterity  the  names  of  the  six 
victims  whom  we  deplore  :    M.  de  la  Frenitire,  Le  Marquis, 
Do  Noyan  and  Villerd,  all  connected  by  blood  and  friendship,    . 
all  superior  to  any  eulogy  we  can  give.     The  other  two  were 
Messrs.  Caresse  and  Milhet.    Let  us,  with  the  colony,  join  in 
regret  on  the  death  of  M.  de  Noyan.  AH  seemed  to  combine  for 
his  safety  ;  shining  merit,  regard  due  to  his  birth,  and  the  ser- 
vices of  his  family  in  the  colony,  the  respect  due  to  the  French 
king  in  whose  service  he  was  employed,  and  who  alone  had  a 
right  to  dispose  of  his  life.    What  adds  still  more  to  our  regret 
is°  the  generous  manner  in  which  this  young  man  devoted 
himself  to  death,  as  we  have  already  seen  that  it  lay  with  him- 
self to  escape  an  arrest. 

It  is  said  that  in  the  course  of  the  interrogatories,  O'Keilly 
did  all  he  could  to  save  him,  but  that  M.  de  Noyan,  in  hopeq 
of  exculoating  his  father-in-law,  always  turned  the  accusations 
on  himself.   It  is  added,  that  O'Reilly,  when  about  to  sentence 
him,  said:  «' Sir,  it  depends  on  yourself  to  save  your  life ;  give 
us  a  pretext  for  doing  so ;  say  that  you  were  led  to  the  steps 
laid  to  your  charge ;   say  that  your  father-in-law"—"  I  will 
not  stain  my  name  to  save  my  life,"  replied  this  generous 
officer,  "  interrupting  him,  "I  will  die  worthy  of  your  esteem 
and  your  regret,  nor  will  I  tarnish  my  soul  by  an  odious  false- 
hood.   Ko  one  could  suggest  to  me  the  actions  you  make  a 
crime;  accuse  my  love  of  country,  my  love  of  the  king  I 
serve— this  is  the  mainspring  of  my  conduct."     This  magna- 
nimity made  no  impression  on  O'Reilly. 

Wretched  wives,  desolate  families!  Your  cause  is  that  of 
humanity  ;  the  whole  universe  is  about  to  plead  by  my  lips; 
let  equity  decide  in  this  matter!  The  policy  that  they  would 
set  up  in  such  cases  is  a  barbarous  atrocity.    In  vain  did  you 


I 


'-....^Sm^^iMikmAii^ 


-...AiJaitiiJ^^^.I'g'"" 


^ 


le  hardest 
f  the  six 

Marquis, 
■riendship,  , 
'  two  were 
ly,  join  in 
ambine  for 
nd  the  scr- 
ibe French 
lone  had  a 

our  regret 
m  devoted 
■  with  him- 

;s,  O'Reilly 
1,  in  hopei 
accusations 
to  sentence 
irlife;  give 
to  the  steps 
v"—"  I  will 
is  generous 
your  esteem 
jdious  false- 
-^ou  make  a 
the  king  I 
his  magna- 

e  is  that  of 
by  my  lips; 
.  they  would 
rain  did  you 


niSTOHICAL  MEMOIRS  OF  LOUISIANA.. 

try,  by  your  mournful  cries,  to  mavc  the  hardened  heart  of  tho 
most  cruel  of  men.     Bloodthirsty  tiger!  thy  savage,  barbarous 
soul  still  drinks  in  the  tears  of  those  wretched  wives,  vainly 
imploring  at  the  door  of  justice  (a  virtue  which  you  never 
knew),  clemency  and  pity,  sentiments  foreign  to  your  heart.   . 
Were  you  even  touched  at  the  moving  spectacle  of  Mme. 
de  Noyan,  humbled  so  as  to  kneel  at  your  door  ?     Shudder 
wretch!  you  should  fall.     Consider  the  illustrious  blood  to 
which  that  lady  is  allied,  and  kneel!     Hear  the  mournful  cry 
of  that  wretched  mother,  daughter,  wife;  behold  her  youth, 
her  love,  and  extend  a  protecting  hand— but  no!  close  thy 
fierce  eyes,  close  thy  ears,  open  only  to  falsehood ;  dread  to 
hear  the  piercing  cry  of  children  for  their  fathers ;  wives  for 
.  their  husbands ;  citizens  for  their  virtuous  countrymen.    Re- 
spect neither  the  laws  of  humanity  nor  those  of  justice;   sate 
thy  rage  and  cupidity  ;  do  more  evil  in  a  day  than  a  Nero  or 
a  Caligula ;  dare  more— dare  to  say  that  the  sentences  from 
thy  infamous  lips  had  been  dictated  by  thy  king.    This  hor- 
rible blasphemy  alone  was  wanting. 

But  do  not  expect  to  impose  upon  the  public  by  this  respect- 
able veil.  Thy  conduct  is  still  that  of  an  impostor,  a  savage 
and  a  knave.  Posterity  will  never  believe  that  a  beneficent 
king,  a  Bourbon  (clemency  and  goodness  are  in  the  blood 
of  every  prince  of  that  illustrious  blood),  resolved  to  shed 
innocent  blood.  It  will  scarcely  be  realized  that  he  could 
have  chosen  one  so  false  and  unjust  to  bear  to  his  sub- 
jects the  mark  of  the  clemency,  goodness,  benevolence,  with 
which  the  world  knows  his  heart  is  filled.*  The  Eternal  who 
judges  us  awaits  thee  in  that  fearful  moment,  when  a  strict 

♦  This  is  certainly  carrying  (lattery  to  its  highest  point.  The  orders  of  a  Span- 
ish king  of  that  day,  were  precise  and  without  any  liberty  to  the  officer.  Th« 
usual  ending  was,  "  So  pena  de  muerte,"  which  we  need  not  translate. 


216 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


account  must  be  rendered  of  thy  motives  in  acting.  But 
before  this  public  indignation,  the  contempt  of  a  worthy  natiou 
whom  thou  wouldat  make  the  accomplice  of  thy  villany,  the 
gnawing  worm  that  will  unceasingly  attend  thee,  are  the  just 
feelings  that  thou  shalt  experience  in  this  life.* 

Let  us  here  repeat,  what  Cnpt.  Pittmanf  writes  on  this  fright- 
ful event:  "  You  could  cast  your  eyes  on  this  bloody  tragedy 
only  with  horror  and  execration.  Such  a  treason,  used  to 
destroy  an  enemy  or  punish  a  criminal,  dishonors  a  nation  and 
degrades  the  name  of  justice." 

But  should  public  indignation  fall  on  O'Reilly  or  on  Ulloa? 
The  former,  it  is  said,  only  executed  the  orders  of  the  court. 

First  let  us  lay  it  down  as  perfectly  impossible  that  a  cabinet 
as  enlightened  and  equitable  as  that  of  Madrid,  .directed  by  a 
just  and  merciful  king,  should  have  pronounced  a  sanguinary 
decree  against  men  accused  indeed,  but  not  yet  heard.  If  on 
Ulloa's  mere  report  they  were  judged  guilty,  the  truth  of  that 
report  was  still  to  be  examined ;  the  accused  must  be  heard 
and  be  confronted  with  their  accusers.  All  these  formalities 
should  precede  judgment.  Hence  it  would  be  a  breach  of  the 
respect  due  to  the  cabinet  of  Spain  to  suppose  it  had  pro- 
nounced a  definitive  sentence  in  the  matter.  That  O'Reilly  had 
orders  from  his  court  to  arrest  them,  to  try  them,  is  probable, 
as  the  Spanish  king  believed  them  his  subjects,  and  in  this 
point  of  view  they  would  have  been  guilty  of  expelling  a 
recognized  officer.  But  Aubry,  by  absolving  the  colonists 
from  the  oath  of  allegiance  to  France,  declared  that  they  ha4 
not  ceased  to  be  French,  and  O'Reilly,  by  taking  the  oath  of 
allegiance  to  the  Spanish  king,  established  authentically  and 

'This  prognostic  was  soon  afler  realized. 

t  Pittman  was  an  English  officer  belonginKto  the  corps  of  engineers  stationed 
at  Mobile.  He  wrote  a  work  on  "  The  State  of  the  European  Settlements  on 
the  Mississippi,"  which  was  published  in  London,  1770. 


-  S)*Hl^j)U'. 


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HISTOBICAL  MEMOIRS  OF  LOUISIANA. 


217 


manifestly  the  injustice  of  all  the  proceedings  he  was  about  to 
institute.  And  against  whom  ?  Against  men  who  could  not 
violate  an  oath  they  had  not  taken ;  whose  actions  all  tended 
to  show  their  attachment  to  the  monarch  whose  subjects  they 
still  were.  Then  did  it  become  a  crime  to  be  a  faithful  and 
patriotic  subject? 

The  Spanish  court  might  have  been  deceived  by  the  infor- 
mal act  of  possession  pas.<?ed  between  Aubry  and  UUoa  :*  an 
act  of  no  force  as  regards  the  colonists,  who  knew  nothing  of  it, 
an  act  irregular  on  its  very  face.  Ulloa  may  have  persuaded 
his  court  what  he  could,  but  not  O'Reilly,  who  was  >  on  the 
spot.  Did  he  believe  the  act  valid  ?  Did  he  believe  the  colo- 
nists subjects  of  his  sovereign,  at  a  time  when  he  sees  Aubry 
absolve  them  from  the  oath  that  bound  them  to  the  king  of 
France ;  at  a  time  when  he  receives  their  oath  to  be  as  faith- 
ful to  the  king  of  Spain  as  they  had  hitherto  been  to  the  king 
of  France?  Do  not  these  formalities  prove  that  O'Reilly 
believed  the  colonists  still  Frenchmen  when  he  arrived  in  the 
colony,  and  that  the  dismissal  of  Ulloa  was  not  the  expulsion 
of  a  Spanish  governor,  but  of  a  stranger,  assuming  to  be 
invested  with  a  title  which  would  have  given  him  a  right  to 
authority  had  he  shown  it.  Is  it  not  public  and  notorious  that 
the  dismissal,  far  from  being  seditious,  was  done  with  the 
greatest  decency,  the  greatest  respect  for  the  Spanish  flag,  and 
the  utmost  attention  to  insult  no  native  of  Spain  ?  that  the  colo- 
nists, to  obtain  justice,  had  recourse  to  the  tribunal  appointed 
by  the  French  king,  whose  sole  authority  was  recognized  ? 

Is  the  judgment  of  the  Supreme  Council  on  Ulloa  made  a 

*  See  letter  from  Aubry  to  Choiseul,  in  the  Archives  at  Paris,  explaining  the 
reasons  why  Ulloa  hesitated  taking  possession  of  the  province,  and  another  from 
Choiseul  to  Aubry,  approving  his  conduct  of  governing  the  colony  for  the  king 
of  Spain,  July,  1766. 


-«r 


r" 


w 


HISTORICAL  MBMOIRS  OF  LOUISIANA. 


crime  ?     Let  us  read  its  justification  in  the  memorial  on  these 

Bad  events.* 

«« If,  on  the  part  of  the  inhabitants,  representation  to  the 

[This  meraorial  wa«  drawn  up  by  Lafreniere,  at  the  request  of  the  merchant,  and 
planters,  to  justify  the  Revolution  of  the  28th  of  October,  1768.] 

•  MEMORIAL  or  THE  MERCHANTS  AND  PLANTERS  OF  LOUISIANA,  ON  THE  EVENT*  OF 
THE  29th  op  OCTOBER,  1768. 

To  tlm  WorZrf  .--The  magistrates  of  the  Supreme  Council  of  Louisiana,  eye- 
witnesses of  the  calamity  which  afflicted  us,  could  no  longer  turn  a  deaf  ear  to 
the  plaintive  cries  of  an  oppressed  people.    The  decree  of  October  29th  which 
followed  our  humble  remonstrance,  is  a  proof  of  the  imminence  of  the  dangers 
which  environed  us.  and  the  weight  of  the  yoke  whiJ.  begim  to  crush  u..     In- 
duced bv  tho  state  of  aflairs  to  believe  that  great  evils  require  prompt  and  power- 
ful remedies,  our  magistrates  did  not  hesitate  a  moment  to  take  the  necessary 
step  of  sending  off  the  self-styled  governor,  for  his  Catholic  majesty  to  render 
him  an  account  of  his  conduct.     But  their  diligent  care  was  not  confined  merely 
to  calming  the  disgust  of  a  groaning  people  ;  they  have  also  empowered  them  to 
bear  this  petition  and  requests  to  the  foot  of  the  throne,  convmced  tha  the  com- 
passionate eye  of  their  natural  sovereign  would  turn  to  such  devoted  subjects  and 
that  their  respectful  love  for  their  monarch  would  not  be  rejected  by  his  benehcent 
majesty,  the  image  of  the  All-preserving  Being  for  his  people  on  earth.     Zeal- 
ous Frenchmen,  whose  property  and  families  are  on  this  continent-you  whose 
pure  heart*  need  not  your  monarch's  eye  to  arouse  you  -you,  whose  zeal  for  your 
incomparable  monarch  has  suffered  naught  by  crossing  the  vast  ocean,  by  min- 
gling with  strangers,  by  the  constant  activity  of  a  neighboring  and  rival  nation, 
cam?  your  disquiets  as  to  the  cession  of  this  province.     Our  great  k-ng  -«-«'« 
his  letter  announcing  it,  to  have  a  presentiment  of  the  alarms.     He  made  hims  If 
mediator  of  our  cause  with  his  Catholic  majesty,  induced  us  to  expect  from  h.n^ 
the  same  marks  of  good-will  and  protection  as  those  enjoyed  under  »»«  beloved 
rule      These  august  sentiments  embolden  our  love.     May  the  cries  of  joy  may 
the  ''  Vive  le  Rol,"  so  often  shouted  around  our  flag  on  the  day  of  the  revolution 
and  the  two  following  days,  bo  renewed  without  (ear !     May  our  feeble  organ 
each  the  world  and  posterity,  even  that  this  loved  rule  -''-j'^f -J^!  ,^^  ° 
,    live  and  die.  to  which  we  offer  the  wreck  of  our  fortunes,  our  blood,  our  children 
'  and  families,  is  the  rule  of  Louis,  the  well-beloved. 

-       Tho  colony  of  Louisiana  was  ceded  to  his  Catholic  majesty  by  a  private  act 
"  passed  at  Fontainebleau,  November  3,  1762.  and  accepted  by  another  ac   passed 
at  the  Escurial.  on  the  13th  of  the  same  month.     The  king,  by  a  letter  wntt  n  a 
Versail:  on  tiie  2lst  of  April,  1764,  to  M.  d'Abadie.  then  ^-^tor  general  a^^^^ 

commandant  for  his  majesty  in  L""---' »«"-"""?  '^V^lo^srand 

. '    the  same  time  his  hopes  for  the  advantage  and  tranqu.lhty  o    the  co  onists,  and 

his  trust  that  from  the  affection  and  friendship  of  his  Catholic  maje.ty,      he 

;  II  gWe  orders  to  his  governor,  and  all  other  officers  employed  in  his  service  m 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


219 


on  these 


on  to  the 

erchants  and 
1768.] 

E    EVENTS  or 

misiana,  cye- 
a  deaf  ear  to 
r  29th,  which 
if  the  dangers 
;ruBh  us.    In- 
ipt  and  power- 
the  necessary 
esty  to  render 
)nfineJ  merely 
wercd  thetn  to 
I  that  the  com - 
d  subjects,  and 
y  his  beneficent 
1  earth.     Zeal- 
it— you,  whose 
se  zeal  for  your 
ocean,  by  min- 
ind  rival  nation, 
it  king  seems  in 
le  made  himself 
sxpect  from  him 
idcr  his  beloved 
ries  of  joy,  may 
of  the  revolution 
)ur  feeble  organ 
rhich  we  wish  to 
3od,  our  children 

by  a  private  act 
nother  act  passed 
I  letter  written  at 
ector-general  and 
ission,  testifies  at 
the  colonists,  and 
9lic  majesty,  "he 
d  in  his  service  in 


council  was  the  only  way  open  to  themselves,  was  there  not  an 
obligation  on  the  coancil  to  right  them?  Could  it  refuse  to 
listen  to  the  repeated  protests  of  the  colonists  and  principal  in- 
said  colony,  to  continue  in  their  functions  the  ecclesiastics  and  religious  in  charge 
of  parishes  and  missions— and  continue  the  ordinary  judges  as  well  as  the 
Superior  Council,  to  render  justice  according  to  the  laws,  forms  and  usages  of 

the  colony and  would  guard  and  maintain  the  colonists  in  their  possessions — 

hoping,  moreover,  that  his  Catholic  majesty  would  show  his  new  subjects  in 
Louisiana,  the  same  marks  of  good  will  and  protection  displayed  in  the  previous 
government,  and  of  which  the  miseries  of  war  had  alone  prevented  their  feeling 
greater  effects.  He,  moreover,  orders  his  letter  to  be  registered  in  the  Superior 
Council  at  New-Orleans,  that  the  different  orders  of  the  colony  may  be  acquaint- 
ed with  its  contents,  and  refers  to  it  in  case  of  need  ;  his  present  letter  having 
no  other  object."  Happy  and  consoling  prospect  produced  in  our  hearts  by  the 
promises  of  the  most  august  and  respected  of  monarchs !  by  V^Uat  fatality  have 
you  vanished  1 

Ulloa  arrived  at  the  Balizc  on  the  28th  of  February,  1766,  in  a  20-gun  frigate, 
with  about  eighty  soldiers,  some  Spanish  capuchins  and  employes.  He  landed 
at  the  city  on  the  5th  of  March,  and,  accompanied  by  members  of  the 
council,  who,  in  spite  of  a  storm  of  rain,  went  to  hia  boat;  ho  passed 
through  a  double  line  formed  by  the  regular  troops,  the  provincial  militia, 
and  the  roar  of  cannon  and  public  acclamations.  He  at  first  responded  to  these 
signal  marks  by  the  most  brilliant  promises,  but  the  sequel  did  not  prove  their 
solidity.  Without  entering  into  minute  and  ridiculous  details  of  his  private  life, 
we  shall  retrace  his  public  acts.  If  his  principal  aim  was  to  destroy  by  the  first 
acts  of  his  clandesthie  administration  the  flattering  hopes  we  entertained,  he 
succeeded  perfectly. 

To  evmce  more  clearly  the  first  ground  of  complaint  on  our  side,  we  must  ob- 
serve, that  the  trade  with  the  Indian  tribes  is  one  of  the  principal  branches  of 
commerce  ;  so  intimately  connected  with  the  planter's  interest,  thiit  one  is  the 
spring  of  the  other.  This  trade  is  a  very  profitable  market  for  the  productions 
of  several  factories,  and  with  encouragement  would  extend.  It  is  a  rich  mine-7 
the  opening  of  which  offers  treasures  more  considerable  than  the  metallic  veins 
of  Potosi,  and  to  increase  as  the  trader  increases  his  commerce.  From  this 
inexhaustible  source  flow  advantages  both  public  and  private;  the  merchant 
finds  in  it  a  market— the  man  without  means,  employed  as  a  trader  and  voya- 
geur,  finds  means  of  subsistence  and  lays  up  some  money.  The  affection  of  the 
people  is  sustained  by  the  intercourse  with  Frenchmen,  eager  to  procure  things 
which  a  knowledge  of  them  has  rendered  necessary.  And,  lastly,  public  security, 
which  this  trade  with  the  Indian  tribes  that  surround  us  has  created,  is  main- 
tained by  it ;  but  this  is  not  the  only  benefit  which  results  from  it,  for  the  colony 
in  general.  Ships  from  Europe  and  the  West  Indies,  attracted  by  the  hope  of 
a  profitable  return,  bring  us  the  provisions  we  need,  and  finding  in  our  stores 
peltries,  on  which  they  hope  to  profit,  furnish  us  these  supplies  at  a  fair  price  ; 


W^ 


220 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


habitants,  against  the  formation  of  new  establishments  in  the 
country  without  the  formal  act  of  oppression?  Did  not  the 
very  orders  of  the  king  make  that  tribunal  a  guardian  of  tho 

which  becomes  excessive  when  they  have  to  sail  away  in  ballast.    These  facts— 
these  solid  advantages,  have  been  regarded  by  our  worthy  ministers,  whenever 
their  express  orders  have  encouraged  traders,  by  recommending  free-trade.    The 
reality  has  been  acknowledged  and  expressly  declared  by  the  Duke  de  Choiseul, 
in  his  letter  to  M.  d'Abadie,  under  date  of  February  9th,  1765.     All  the  Upper 
Mississippi,  and  the  northwest  on  the  Missouri,  was  then  offered  to  our  activity. 
Countless  tribes,  rich  in  rare  furs,  inhabiting  these  unknown  parts,  would  soon 
be  subjected  to  our  factories  alone.      The  discoveries  to  be  made  in  those  fine 
countries  would  be  reserved  to  our  efforts,  and  our  eyes  would  for  the  first  time 
explore  that  part  of  the  globe  still  unknown  to  civiliied  man.     How  encouraging 
for  us  are  the  intentions  of  this  wise  minister  1     With  transports  of  gratitude  we 
beheld  him  turn  his  attention  not  only  to  the  re-establishment  of  our  fortunes, 
ruined  by  the  evils  of  war,  and  the  increase  of  our  resources  almost  annihilated 
by  the  very  conditions  of  peace,  but  also  extend  his  views  to  geographical  dis- 
coveries, and  trace  in  the  same  tableau  the  path  of  fortune  and  glory.     A  mag- 
nificent project  which  Ulloa  deranged,  and  would  doubtless  have  destroyed. 
We  do  not  seek  to  fathom  his  motives,  and  confine  ourselves  to  the  narrative  of 
his  persevering  efforts  against  free-trade.    They  began  on  the  very  spot  by  a 
general  prohibition.     The  traders  and  settlers  in  Illinois  complained.    They 
showed  M.  de  Saint  Ange,  the  French  commander  in  that  port,  the  certainty  of 
their  ruin,  and  the  inevitable  danger  of  their  being  plundered  and  perhaps  mur- 
dered by  the  Indians,  who,  ignorant  and  careless  of  political  considerations,  ask 
only  for  a  constant  supply  of  goods  and  a  market  for  their  furs.     In  spite  of  the 
repugnance  of  Seiior  Rice,  a  Spanish  captain  sent  by  Ulloa  to  Illinois,  as  com- 
mandant, the  traders  went  to  the  villages  this  year  also,  although  limited  to  a 
certain  number;  these,  howeverwere  the  last  efforts  of  their  expiring  privileges, 
and  Ulloa  about  the  same  time  granted  to  five  or  six  individuals  an  exclusive  trade 
in  the  country,  recommended  by  our  ministers  to  general  emulation. 

The  lumber  trade   is   another  object  of  attention  to  the  merchants,  whose 
interests  we  have  just  seen  are  so  closely  connected  with  those  of  the  planter. 
In  the  representations  made  to  the  Superior  Council  of  the  province,  it  was  shown 
that  the  value  of  this  article  exceeded  100,000  livres  a-year-an  assertion  which 
no  one  contradicts.     This  business,  which  the  nature  of  the  country  presents  to 
each  with  a  profit  in  proportion  to  the  means  which  he  can  employ,  but  always 
certain  in  that  degree,  is  the  first  effort  of  the  new  planter,  and  the  steady  object 
of  the  old  one.     Deprive  Louisiana  of  free-trade,  close  the  market  for  her  wood, 
and  from  that  moment  you  condemn  the  merchant  and  planter  to  indolence  and 
want      The  ordinance  issued  September  6th,  1766,  was  but  a  warning  of  this 
misfortune.    His  Catholic  majesty  informed,  we  were  told,  of  all  that  concerned 
the  provisioning  and  utilizing  of  the  country,  deigned  so  far  to  favor  the  inhabit- 
ants a.  to  permit  the  export  of  lumber  in  vessels  from  St.  Domingo  and  Mar- 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


221 


ts  in  the 

I  not  the 
in  of  tho 

lie«e  fact*— 
8,  whenever 
-trade.  The 
]e  Choiseul, 

II  the  Upper 
our  activity, 
would  Boon 
in  those  fine 
he  first  time 
encouraging 
gratitude  we 
our  fortunes, 
t  annihilated 
graphical  dis  - 
iry.     A  mag- 
re  destroyed. 
i  narrative  of 
ery  spot  by  a 
lined.    They 
e  certainty  of 
perhaps  mur- 
lerations,  ask 
n  spite  of  the 
inois,  as  com- 
;h  limited  to  a 
ing  privileges, 
sxclusive  trade 
n. 

chants,  whose 
if  the  planter. 
I,  it  was  shown, 
sserlion  which 
try  presents  to 
oy,  but  always 
e  steady  object 
t  for  her  wood, 
indolence  and 
taming  of  this 
that  concerned 
vor  the  inhabit- 
aingo  and  Mar- 


public  peace,  over  which  it  was  expressly  enjoined  and  recom- 
mended to  watch." 
Did  not  all  these  reasons  tend  to  convince  O'Reilly  of  the 

Unique,  till  means  were  found  in  Spain  of  carrying  on  that  trade.  But  what 
probability  is  there  of  our  lumber  trade  being  taken  up  in  Spain  ?  This  was 
plunging  the  dagger  gradually  in  ;  the  death-blow  was  given  by  the  decree.  In 
the  first  article  it  is  said  that  the  shipping  shall  be  only  at  the  ports  of  Seville, 
Alicant,  Carthagena,  Malaga,  Darcelona,  Corunna,  &c.  In  the  eighth,  that  the 
Teturns  shall  be  made  to  the  same  ports  ;  in  the  third  article,  vessels  sent  to 
Louisiana  must  be  Spanish  bottoms,  and  the  captains  and  crews  Spanish  or 
naturalized.  Finally,  in  the  fourth  and  ninth  articles,  voluntarily  putting  into 
any  American  port,  even  in  Spanish  territory,  is  forbidden,  and  an  involuntary  one, 
aubjected  to  onerous  versifications  and  impositions.  Had  we  then  the  faintest 
gleam  of  hope  for  our  lumber  trade  to  the  French  colonies  of  St.  Domingo  and 
Martinique,  the  only  spots  where  it  had  any  value  1  Ye  imprudent  censors, 
whose  unfounded  reflections  may  extend  to  our  conduct  in  this  revolution,  try, 
by  your  mathematical  combinations,  to  restore  the  broken  harmony,  by  according 
it  to  the  decree,  but  first  think  of  furnishing  us  means  of  subsistence. 

Besides,  what  apparent  resource  could  even  suspend  our  just  forebodings  1  The 
products  of  our  lands  and  commerce  consist  in  lumber,  indigo,  furs,  tobacco, 
cotton,  sugar,  pitch  and  tar.  Furs  have  little  value  in  Spain,  as  they  are  not  in 
use,  and  those  used  are  made  up  abroad.  Havana  and  Peru  supply  wood  and 
sugar  far  preferable  to  ours ;  Guatemala,  a  superior  indigo,  and  in  quantities 
greater  than  their  factories  consume ;  Peru,  Havana  and  Campeachy,  cotton  ; 
the  Isle  of  Pines,  pitch  and  tar ;  Havana  and  the  Spanish  part  of  St.  Domingo, 
tobacco.  Those  grown  by  us,  inferior  to  those  produced  by  those  vast  territo- 
ries, and  useless  and  superabundant  in  her  ports,  are  rejected  there,  or  reduced 
to  a  nominal  value.  What  return  then  can  we  expect  from  shipments  made  to 
the  ports  named  in  the  decree  t  On  the  other  hand,  the  small  number  of  factories 
in  Spain,  with  the  little  aid  given  there  to  maritime  cities  by  home  agriculture, 
forces  Spanish  subjects  there  to  resort  to  foreign  ports  for  provisions  of  every 
kind.  Marseilles  supplies  her  ports  with  grain,  as  they  cannot  obtain  it  at  home 
without  the  excessive  expense  of  a  laborious  land  carriage  in  a  mountain  country. 
The  whole  nation  too,  is  tributary  to  all  the  manufacturing  countries,  and  the 
most  signal  favor  that  Providence  has  done  her,  was  to  make  her  mistress  of 
Mexico  and  Peru  to  purchase  her  first  necessaries.  Rich  by  industry  alone,  can 
we  expect  Spain  to  furnish  ours  sufficiently  and  cheaply,  when  she  herself  is 
obliged  to  buy  her  own  in  cash  and  at  high  rates  1  In  spite  of  the  perhaps 
momentary  exemption  announced  by  the  decree  of  all  duties  on  shipments  to 
Louisiana,  these  sad  truths  known  to  the  whole  world,  coupled  with  the  certain 
depreciation  of  our  products  in  the  Spanish  ports,  have  made  us  justly  fear,  that 
our  crops,  though  abundant,  far  from  rewarding  our  industry  as  heretofore,  by 
often  giving  us  superfluities,  will  cease  to  supply  even  pure,  simple  necessaries. 

From  these  observations,  superficial  indeed  compared  to  the  certainties  from 
'1* 


riji  li(|i«[(i1ilia 


I  liii  I  ^iMinjiiliiiil*_iil*»^l  iiHIUP* 


222 


HISTORICAL  MEMOIRS  OF  LOUISUNA. 


innocence  of  the  accused?  And  even  if  lie  had  received  from 
his  royal  master,  which  is  out  of  the  question,  the  cruel  order 
to  coudemu  them  to  death,  should  he  not,  before  pronouncing 

which  they  arc  deducted,  can  we  for  a  moment  doubt  that  this  colony,  at  far  as 
its  productions  are  concerned,  will  be  useless  to  Spain,  and  that  the  political 
views  in  the  treaty  of  cession  was  confined  to  the  sole  object  of  making  a  bulwark 
for  Mexico.  Dut  will  the  misery  of  the  colonists  give  strength  to  that  bulwark  1 
What  madness  to  undermine  our  rising  fortunes  by  destroying  free-trade,  when 
even  these  political  views  do  not  seem  to  require  the  sacrifice  !  Everything 
induces  us  to  believe  that  his  Catholic  majesty  desired  first  to  learn  by  the  reports 
of  his  envoy,  the  causes  which  produced  and  the  means  which  maintained  our 
prosperity.  Our  king's  promises  assured  us  of  the  good  will  of  our  new  sove« 
reign  and  the  mildness  of  his  intended  administration.  The  officers  of  the  Span* 
ish  king,  on  their  arrival,  announced  the  continuance  of  our  commerce  for  at 
least  ten  years  ;  the  source  of  our  wants  known  in  Spain,  without  our  even 
indicating  it,  was  left  open  to  our  activity;  but  on  seeing  the  decree,  can  we 
doubt  that  Ulloa,  charged  with  that  report,  as  stated  in  the  ordinance  published 
here  on  the  6th  of  September,  1766,  is  the  author  of  the  calamities  which  threaten 
us,  and  that  having  projected  our  ruin,  his  untrue  reports  have  prevented  the 
efTect  of  that  good  will,  which  his  master  undoubtedly  intended  to  show  us. 

It  is  vain  to  object  that  the  last  article  of  the  decree  permits  us  to  draw  from 
Spanish  ports  the  fruits  and  goods  from  I^uisiana  to  sell  them  in  foreign  coun- 
tries, if  there  is  no  market  in  Spain,  and  that  without  pajing  any  export  duty. 
What  avail  is  all  this  pretended  advantage  to  us  1  Let  us  not  count  the  articles 
of  the  di  crce,  but  observe  its  spirit,  and  read  none  of  the  articles  without  follow- 
ing the  close  cor.ncction  between  them  all.  We  are  indeed  permitted  to  sell  in 
foreign  countries,  products  unsaleable  in  Spain,  but  on  what  conditions  i.  Our 
merchants,  naturalized  in  Spain  (decree,  art.  3),  must  go  to  the  ports  of  Seville, 
Malaga,  &c  .  and  pay  five  per  cent.  (art.  12) ;  forced  by  the  refusal  of  their  cargo 
to  leave  these  ports  and  go  to  seek  a  market  in  (he  neighboring  countries,  they 
must  return  in  ballast  to  Spain  (art.  1)  ;  to  take  in  a  cargo  of  fruits  and  goods 
already  info  Spain  after  pacing  import  duties  (art  7).  Docs  this  expensive 
voyage  dispel  our  sad  reflections  on  the  general  want  that  threatens  us  ?  Add  to 
this,  the  ships'  expenses,  estimated  by  our  chambers  of  commerce  at  3,000  livre* 
a  month  for  a  vessel  of  300  tons,  the  unloading  in  a  Spanish  port,  reloading  for  a 
foreign  market,  double  commission,  insurance  and  storage,  the  increase  of  avaries, 
(duties)  which  foreign  nations  will  of  course  charge  on  goods  coming  from  Spain, 
and  we  behold  the  decree  as  a  kind  of  alembic,  devouring,  rarefying  our  crops  to 
their  quintessence. 

Our  king's  promises  in  his  letter  of  April  21st,  1704,  induced  us  to  hope  that 
we  would  always  have  the  same  laws  to  follow  and  the  same  judges  to  hearken 
to.  Yet,  what  a  blow  was  given  to  this  article  by  Ulloa  at  the  very  outset  of  his 
administration  ^  He  had  not  yet  taken  possession  ;  his  commission  has  never 
been  verified,  enrolled,  or  even  presented  ;  no  tie  yet  binds  us  to  his  authority ; 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


228 


/cd  from 
iiel  order 
louncing 

ly,  as  far  aa 
lie  political 
g  a  bulwark 
it  bulwark  1 
trade,  when 
Everything 
f  the  reports 
intained  our 
r  new  sove* 
of  the  Span, 
merce  for  at 
out  our  even 
•crce.can  wo 
CO  published 
hich  threaten 
revented  the 
ihow  us. 
to  draw  from 
foreign  coun- 
■  export  duty, 
it  the  articles 
ithoul  foUow- 
ttcd  to  sell  in 
liiions  1     Our 
rtsi  of  Seville, 
of  their  cargo 
ountries,  they 
Is  and    goods 
his  expensive 
3  us  1     Add  to 
at  3,000  livres 
reloading  for  a 
iase  of  avanes, 
rig  from  Spain, 
ig  our  crops  to 

IS  to  hope  that 
ges  to  hearken 
ry  outset  of  his 
ion  has  never 
his  authority ; 


Bcntenco,  prove  to  the  king  that  ho  had  been  deceived,  that 
the  colony  never  Jiaving  ceased  to  be  governed  in  the  name  of 
the  French  monarch,  the  inhabitants  were  not  guilty  of  any 

nothing  but  a  respectful  deference  for  the  character  which  he  is  supposed  to 
bear,  promises  him  our  obedience  ;  and  yet  severe  punishments,  chastisements 
unknown  under  the  still   subsisting  French  rule,  are  already  inflicted  by  his 
orders,  on  the  i<lightcst  faults  ;  even  if  supposed  to  be  faults  at  all.     Now,  it  is 
not  to  be  inia^rined  that  the^c  false  principles  of  administration,  these  end  novel- 
ties of  an  unknown  domination,  are  the  only  motives  of  our  fears  and  the  alarm 
spread  through  our  families.     The  Spanish  law  may  have  beauties  and  advan- 
tages unknown  to  us  ;  but  an  antipathy  to  all  that  is  humane,  a  natural  disposal 
to  injure,  seen  and  proved  in  the  individual  who  comes  to  proffer  us  that  law, 
make  us  feel  the  hardest  consequences,  while  appearing  to  act  only  by  those  very 
consequences.     Spanish  policy  closes  its  ports  as  much  as  possible,  in  order  to 
close  it  at  will  to  foreigners,  and  absolutely  to  cut  off  contraband  trade.     In  con- 
•equence  of  this  law,  the  envoy  of  his  Catholic  majesty  has  closed  all  the  passes 
of  the  Mississippi  but  one,  and  that  the  most  shallow,  diflicult  and  dangerous. 
An  almost  universal  law  forbids  establishments  within  a  certain  distance  of  the 
citadels  and  fortifications  of  the  frontier  towns.     Seuor  Ulloa  has  thought  that 
establishments  formed  in  the  primitive  towns  of  the  rising  colony  by  grant  from 
our  prince  and  under  the  eyes  of  his  governors,  should  be  destroyed,  on  account 
of  their  proximity  to  the  palisade  with  which  the  city  has  within  a  few  years 
been  surrounded.     Condemnation  to  the  mines  is  decreed  by  the  Spanish  law 
against  malefactors  and  dangerous  men.     Ulloa  has  not  hesitated  to  pronounce 
it  against  respectable  men,  wh.Ose  only  crime  was  their  being  the  spokesmen  of 
their  fellow-colonists  and  bearers  of  respectful  representations,  exposing  our 
wants  and  tending  only  to  t|ie  encouragement  of  agriculture,  the  increase  of 
commerce,  the  importation  of ;  necessaries,  and  the  general  good  of  the  country. 
Dispatches  given  by  persons  ;in  office  require  more  diligence  and  exactness  as 
they  may  interest  the  genei(al  welfare ;  but  the  hearers  have  never  been  held 
responsible  for  superior  strength,  head-winds,  the  risks  and  perils  of  the  sea ! 
What  harsh  treatment,  whiit  vexation  was  not  exercised  by  Ulloa  successively 
towards  Messrs.  Gaynard  and  Gachon,  because  their  ships  did  not  deliver  pack- 
ages at  Havana  in  lime  oii  account  of  the  weather.     A  decree  of  the  Superior 
Council  of  this  province  had  for  wise  and  just  motives  forbidden  the  introduction 
of  negroes  ercolized  or  d/jmesticatcd,  in  St.  Domingo  and  the  other  isles  ;  but  it 
was  all  reduced  to  visifing  slavers  on  their  arrival,  and  sending  immediately 
back  such  as  were  within  the  prohibition.     To  this  Ulloa  added  sequestration  of 
property,  imprisonment,  and  without  any  commendatory  ordinancc,which  should 
always  precede  first  punishments,  he  has  exercised  them  on  Mersrs.  Cades  and 
Leblanc,  whose  sole  Crime  was  their  not  having  had  a  prophetip  spirit,  and  hav- 
ing been  ignorant  of' the  existence  of  his  decree.     These  facts,  which  are  not 
notorious,  and  of  which  many  individuals  have  been  victims,  interest  all  as  much 
and  more  than  can  be  imagined.      To  make  this  consequence  more  evident,  we 
hall  enter  into  the,  details  of  several. 


"P^fWtB!"*" 


msm?. 


i^mmnrnM^m--  ■ 


r 


224 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


crime  against  the  king  of  Spain ;  that  it  would  be  a  violation 
of  the  law  of  nations,  and  what  is  more,  of  the  respect  due  to 
the  French  king,  to  judge  men  in  his  service,  and  condemn  and 

Ai  to  the  interdiction  of  the  paisei  of  the  Mi.iiiagippi,  it  must  be  linown  that 
Ulloa,  in  spite  of  all  representation!,  and  what  he  could  have  seen  himself  or 
learnt  by  the  disasters,  stubbornly  insisted  on  their  frequenting  only  the  North- 
East  Pass,  which,  in  the  highest  tides,  has  only  nine  or  ten  feet  of  water,  pre- 
venting all  vessels  from  entering  or  leaving  by  the  others  which  have  ordinarily 
ten  or  twelve.  To  this  restrictive  and  dangerous  prohibition  be  added  another 
still  more  so  ;  he  forbid  pilots  to  sleep  on  board  of  vessels  anchored  outside  the 
pass,  and  kept  out  by  head-winds  or  shallow  water.  Difficulties  and  accident! 
followed,  but  this  did  not  dissuade  him  from  his  first  plan.  The  first  difficulty 
was  the  delay  of  vessels  going  out,  frequent  and  expensive  at  all  seasons,  but 
almost  inevitable  in  winter  when  the  north  and  north-northwest  winds  prevail,  as 
these  are  useless  for  the  North-East  Pass,  while  they  nut  only  serve  to  carry 
vessels  out  of  the  Eastern  Pass,  but  also  to  drive  them  on  their  way,  without  any 
necessity  of  their  waiting  for  a  wind.  Entering  was  as  bad.  The  North-East 
Pass  could  not  be  entered  with  a  south  or  south-southwest  wind,  though  the 
eastern  could.  Besides  this,  the  Spanish  officer  at  the  Dalize  obliged  them 
to  anchor  as  soon  as  entered  opposite  the  houses  of  the  Balize,  to  be  examined 
there,  in  an  exposed  anchorage.  Thus  great  risk  was  run,  which  could  have 
been  avoided  by  anchoring  in  the  fork,  or  keeping  on  theii  way  up  the  river,  as 
was  done  under  their  former  liberty,  which  was  not  more  favorable  to  those 
to  whom  they  wished  to  forbid  entrance.  Moreover,  in  all  countries  when  a 
coast-pilot  sets  foot  on  board,  he  never  leaves  till  the  vessel  is  in  or  out,  and  in 
safety,  and  acting  day  and  night  as  the  case  and  weather  may  require.  If  this 
rule  should  be  inviolable  anywhere,  it  should  be  undoubtedly  in  our  parts  border- 
ing on  low  countries  and  a  large  river,with  a  bed  of  mud  in  one  place,  and  of  sand 
in  another,  where  winds  change,  and  water  rises  or  falls  from  hour  to  hour.  By 
preventing  pilots  from  sleeping  on  board  in  a  gale  and  sending  them  off  at  night, 
an  inexperienced  captain,  ignorant  of  the  bars  and  passes,  was  helpless  ,  obliged  to 
hoist  sail  to  get  off,  often  with  the  loss  of  anchor  and  cable,  he  would  run  on  the 
reefs  opposite,  called  "  Les  Moutons,"  or  at  least  would  get  in  the  wind  of  the  pasS) 
without  any  hope  of  getting  up  easily ;  and  finally,  if  he  was  fortunate  enough  to  get 
ofT,  he  returned  after  much  time  and  trouble  only  to  face  the  same  danger  again. 

Navigation,  that  art  so  useful  to  states,  hardly  deserves  that  men  should  com- 
bine with  nature  to  increase  its  difficulties  and  dangers.  Is  the  fortune  of  ship- 
owners and  the  life  of  mariners  so  worthless,  that  they  may  be  exposed  to  almost 
unavoidable  danger  by  the  caprice  of  a  single  man  ?  Ask  the  European  and  the 
India  captains  and  crews,  who  have  been  here  within  the  last  two  years  and  a 
half.  All  have  seen  the  new  perils  invented  by  Ulloa ;  many  have  been  the 
foot-balls  and  victims  of  his  malignant  combinations.  Without  citing  many 
examples,  the  accident  of  Capt  Sarron  while  leaving  the  river,  is  striking.  After 
having  lain  a  considerable  time  to  get  out  by  the  North-East  Pass,  aa  the 


whic 
Tl 
ordci 
sup] 
— a 
nion< 
Tl 
hibit 


HISTORICAL  MKMOIRS  OF  LOUISIANA. 


225 


violation 
ct  due  to 
lemn  and 

known  that 
I  himself  or 
y  the  North- 
r  water,  pre- 
rc  ordinarily 
Ided  another 
1  outside  the 
nd  accident! 
irst  difficulty 
geasoni,  but 
ds  prevail,  ai 
■rve  to  carry 
,  without  any 
B  North-Eait 
i,  though  the 
obliged  them 
be  examined 
h  could  have 
)  the  river,  a* 
able  to  those 
itries  when  a 
or  out,  and  in 
luire.     If  this 
t  parts  bordcr- 
;e,  and  of  sand 
:  to  hour.    By 
m  off*  at  night, 
ess ,  obliged  to 
uld  run  on  the 
ind  of  the  pas8> 
e  enough  to  get 
;  danger  again. 
'.a  should  com- 
}rtune  of  ship- 
)osed  to  almost 
ropean  and  the 
vo  years  and  a 
have  been  tho 
ut  citing  many 
striking.   After 
9t  Pass,  as  the 


punish  thcni  for  their  attachment  to  him.  Slioukl  he  not  have 
added  that  LTlloa,  wishing  to  govern  without  showing  his  right, 

wind  was  n.  .iml  n.  n.  k.,  the  wind  changed  at  loHt,  and  his  time  oaiiio.  Diit  the 
water  hail  (jIU'ii  so  that  he  got  fast  uii  tlio  pass,  thou;,'h  he  liail  the  gnod  fi)rtunc 
to  get  »ir  anil  roturn.  He  came  Imck  to  ihn  city  to  cari'en  iiis  vckhpI  again. 
(AnJ  obsfirvi"  tlir  city  is  nearly  ninety  niilos  from  the  numtli,  and  that  vessels 
Jiavc  often  to  gel  up  by  towing,  anil  this  has  taknn  sonic  filly  or  sixty  days,  with- 
out any  means  of  doing  it  otherwise.)  Capt.  ISarron  lost  his  voy.-ige  anil  spent 
uselessly  much  money  ;  while  had  the  Eastern  Pass  been  furbiiiden,  and  pilots 
been  able  to  frequent  it,  he  could  have  got  out  without  delay  or  danger. 

At  tho  very  time  that  we  arc  drawing  this  memorial,  the  trumpet  announces 
the  sale  by  auction  of  tho  rigging  and  artillery  saved  from  the  ship  ('arloto,  from 
Rochello,  half  buried  in  tho  sand.  Captain  LaCoste  would  not  cuniplain  of  the 
loss  of  his  vessel,  if,  when  ho  wished  to  enter,  ho  could  have  kept  his  |)ilot  on 
board,  as  the  pilot,  if  he  could  not  get  him  ui  the  pass,  could  have  shown  him  a 
sandy  bottom  where  he  could  lie  to,  as  many,  and  among  others  Capt.  Couriac, 
have  done. 

Some  colonists  here  are  engaged  in  manufacturing  brick  for  home  consump- 
tion. The  three  principal  kilns  arc  at  the  city  gates  ;  the  largest,  employing  a 
considerable  number,  is  the  patrimony  of  four  minors,  and  sometimes  yields 
150,000  livres  a-year.  This  ground  is  susceptible  of  no  other  reveimes,  und  the 
men  cannot  even  make  a  living  there.  The  city,  moreover,  is  not  ineonnuoded 
by  it,  and  the  pits  whence  the  clay  is  dug  being  removed  from  the  highway,  the 
public  road  is  neither  narrowed  nor  impeded.  Ulloa  first  attacked  the  adminis- 
trator of  this  brick  kiln,  and  absolutely  forbid  him  to  continue,  under  paiiiof  for- 
feiting his  negroes,  oxen,  carts  and  tools.  The  parties  interested,  after  many 
efforts,  at  last  wrung  from  him  the  grounds  of  this  prohibition.  He  told  tiiem 
that  tho  pits  corrupted  tho  salubrity  of  the  air.  To  disabuse  him,  they  furnished 
certificates  of  physicians  and  surgeons.  M.  Lebeau,  M.  D.,  in  his  majesty's  pay, 
even  drew  up  some  learned  and  perfuclly  conclusive  observations.  As  to  com- 
mon reflections,  they  were,  "  that  the  country  had  always  been  very  healthy  in 
spite  of  all  the  clay-pits  and  cypress  groves  on  the  river  and  aruund  the  city." 
According  to  his  system  it  would  be  necessary  also  to  fill  those  into  which  tho 
water  runs  and  remains  most  of  the  year.  Ulloa  undoubtedly  had  not  foreseen 
those  objections,  but  he  imagined  or  adopted  another  reason  which  lie  believed 
unanswerable,  namely,  that  establishments  should  be  kept  off  from  the  fortifica- 
tions, as  he  called  the  palisade,  which  has  nothing  secr^et,  and  an  approach  to 
which  is  of  no  consequence. 

The  affair  was  however  spun  out,  and  they  could  neither  obtain  of  him  an 
order  in  writing  to  stop,  nor  a  verbal  permission  to  continue,  and  many  have  justly 
supposed  that  the  brick  business  was  aimed  at  by  some  two  or  three  individuals 
— a  plan  which  coincided  exactly  with  the  Spanish  envoy's  turn  to  reduce  all  to 
monopidies. 

This  unconquerable  inclination  was  more  clearly  evinced  last  year  in  his  pro- 
hibition to  introduce  negroes  into  thu  colony,  as  it  would  have  been  prejudicial 

16 


220        ■  UlSTOBICAL  MEMOIRS  OP  LOUISIANA. 

should  be  roganled  as,  having  violated  the  usages  established 
tyZon  a,:!  eau.ty.    O'Uomy  might  say.  .o,  that  the  sub- 

«Uh  hin.  the  contract  for  '"PP^"'^  ;^  7;„,,.„„,iuook  acon,iJeral,lcSranch 
commerce  and  our  agriculture,     t  rom  ^ho  "c  c  prejudicial  to 

of  trade,  and  cut  o.fthe  I'»-'"\'-;;;f„  ;7;2„:t.  «ho  would'have  prefcr- 
the  EnBli.l.  ."crchant  wa.  »J-"  »8''f'' ^J,  J;;j,,„ ,  Deprive  the  new  .abject. 
,„d  cheap  and  vvel.-conditioned  -lave.  ^^^^^^^^  ^J^  ,  ,„,,^„,, ,  ,.  thi. 
of  the  ,no.t  natural  mean.  »  P^^^;,"  ,  ;         .^j  ,„,h  order,  from  hi.  ma.terl 

.hat  the  new  rule  promued      ^^'^^^  ^„  ,„,,,«  that  v.le  rea.on.  of 

Who  dare  presume  .o  !     Are  wo  no  r 

lnterc.t..nlercdintothe.en.onopohe.^  alway.  been  regarded  by 

our  governor.,  commandant.  -^  3  ^te    ha  y^^^^^^^  ^^^^^^^  ^^^ 

«.  as  our  father..     A.  oftena.  we    « -;;/';;;;;  „,,,y  received  ;  when  we 

particular  want,  or  the  general  '""*•;•  .^;;;J  „f  ^^^^^^^^ 

Lre..ed  our  governor,  and  commandan.--^^^^  J^  ^^  ^^^^^ 

,„ulineerH,  (a  favorite  expre.B.on  of  Ulloa  "^^  y  P  ^^^  ^^^^  ^^  j„„,,  ir65, 
in  a  true  citizen.  Wc  »--»  P^^f^^^^'^of.l';.  He  di.pel.  our  uncertainty  v 
to  ,he  memorial  of  the  ™7''''"^';;,^*;i  ^J  ;;i„..e,f  U  o(  the  sovereign',  will, 
the  organ  of  the  minister  to  -•;;  JjJ^;'';;;',  ,,,  g^e.  u,  copies  of  letter, 
he  communicates  to  u.  order.  '-"^J/  "'"^'^^^^  J^,  p„,t,  I„  the  end  he 
which  he  has  written  in  con.equence  to  ^^^  j"^"" J  ^^^„  ^,  „ad,ess  the 
excites,  encourage.,  and  evoUe.  .n  «;«=;;;;;,„  j^,,  the  voice  of  the 
council  our  memoir,  are  examined  ,  .f  our  dema"       PP       ^  ^^^„,^  „f  ^^c 

p,ocu,ator.gencral  --^;/;/;j;i,r;a.  p  lat  i„auced' u.  to  expect  the 
29th  October,  are  a  recent  proof.     Hoy     p  .^  ^^^  ^^^  government. 

.ame  mildness,  the  same  '^"'y/'^^.J^^^J/'uiw  will  not  ever,  allow  their 
But  far  from  a.^suring  -^/J^;  ^  '  "„  J^^ed  on  the  6th  of  September,  1766. 
.emblance  to  rema  n^  ^^j;;t"7epre.entation.  which  they  addressed  to  the.r 
exhorts  merchants  to  make  Uie  rep  ^^^„-      them  ;  and 

magistrates.    Ulloa  treated  them   ^' J";;^       j.j  j^jg^ 

altJough  our  judges  by  ""'';-"^;;    jlfj^'Xrv  ,  would' n  future  dare  to 
proper  to  try  an  example  capable  of  alarmmg  ^^^^  ^^  ^^^^^ 

!peak  of  '^•V"r"";bl  of  re     rept'taL::  attached  .0  the  country  by 
less  believed  the  author,  of  'he**  J^PJ^  nicnaced  with  imprison- 

'  ^  s::::;;r:s^"tr::Late  .0..  .om  .10..  tribun..  .a 

which  they  with  J' W -Xt  of  his  Catholic  majesty  1     With  what  com- 

..     B"^  *^°;  »'.'"  ""• :       w  th  what  powers  clad,  to  exercise  so  tyrannical  an 

missions  IS  ho  invested  1     W'"»  J""  J  ,  ..,,„  vvhich  we  have  never  yet 

authority  even  before  showing  his  powers  and  ti tie.  ^.^^  ^ 

.eeni  A  confused  rumor  ^^l^^^^^'Z'"^;^^^^^^^^^        -''^''  P''^^  -"• 
Aubry ,  our  commandant   an    ct  o  transfe  P  ^^.  ^  ^^  ^^^  ^^^,^^. 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


227 


ablishcil 
the  sub- 
to  arrange 
ixith  at  our 
able  Srancli 
(•judicial  to 
l»ave  prefcr- 
ew  BubjccU 
iirr!  !■  thi» 
hU  mauler  1 
B  reaions  of 

regarded  by 
s  humbly  our 
1 ;  when  we 
aa  rcbeU  and 
ps,  as  proper 
f  June,  1766. 
uncertainly  i 
;crpign'»wiU» 
>ie8  of  lellerR 
In  Ihe  end  he 
6  address  the 
e  voice  of  the 
events  of  the 
lo  expect  the 
ff  government, 
en  allow  their 
pteniber,  1766, 
Iressed  lo  their 
ng  them  ;  and 
enl,  be  thought 
future  dare  to 
vhom  he  doubt- 
the  country  by 
with  imprison- 
t's  tribunal,  and 

With  what  com- 
Bo  tyrannical  an 
have  never  yet 
e  Baliie  with  M. 
leir  private  seals, 
tis  act  and  declar- 
Ihe  French  rule  t 


mission  of  the  inhabitants  to  hitn,  proves  what  Ulloa  wonlcl 
have  received  had  he  I'lilflUod  the  u.sual  and  necessary  formaU- 

The  term  tyranny  may  seem  loo  itroni; ;  lot  lu  -uU]  that  of  vexation,  to  keep 
pace  with  tin-  fncts.  ^\'ith  what  inenarin)f  "how,  even  at  tho  liiiif  wlii'ti  lie  re- 
ceived from  us  only  marks  of  blind  subinisRion,  did  he  not  preaeiit  in  one  hand 
the  first  fruits  o(  the  new  law,  in  the  other  the  avenginK  sword  t  The  ordinance 
of  September  Glh,  1780,  (the  first  decree  of  his  will  publiHhrd  here,  anil  wherein 
the  august  name  of  his  Catholic  majesty  was  almslvely  employed,)  tliia  ordinance 
was  promulgated  in  our  roads  ut  the  sound  of  tlio  drum,  and  at  the  br.ad  of 
twenty  SpaiilKh  soldiers  with  muiikets  and  bayonets.  Was  it  to  insult  us  or 
prevent  our  murmurs?  If  the  former,  what  would  lllloa  have  done  in  a  city 
concpiered  and  taken  by  assault !  AVbat  pomp  would  he  have  selected  to  deliver 
his  ordinances,  when  he  acts  thus  to  friends  and  allies  ?  Did  he  take  us  fur 
Indians  of  Mexico  or  Peru  !  If  the  latter,  was  the  .Spanish  envuv  ignorant  that 
this  ordinance,  the  fruit  of  his  false  "latements,  w.ts  diametrically  opposed  to  our 
welfare,  and  at  the  first  blush  rilculated  to  excite  our  murmurs'!  Loaded  with 
our  deserved  hatred,  his  country  may  approach  him  with  want  of  policy  in  forcing 
tis  to  fear  all  Spanish  rufe. 

We  have  with  indignation  beheld  him  sell  to  an  Englishman  the  liberty  of  four 
Germans  at  fifteci  dollars  ahead;  and  when,  on  the  day  of  the  revolution,  Aubry, 
our  commandant,  urged  by  our  prayers  and  entreaties,  authoritatively  demanded 
their  restoranon,  we  beheld  these  enfranchised  men  come  down  from  the  Spanish 
frigate  wften  their  new  master  retained  them,  and  on  the  levee  cast  themselves 
at  the  feet  of  their  liberators.  We  have  "een  those  unfortunate  victims  of  the 
scourge  of  war,  those  persevering  citizens,  who  have  sacrificed  their  hereditary 
possessions  to  the  patriotic  sentiment,  unfortunate  Acadians,  who,  hitherto 
gathered  in  our  parts,  and  protected  by  our  commanders  and  judges,  began  to 
find  consolation  in  their  disasters,  and  labored  to  retrieve  them — wo  have  seen 
them  alarmed  by  the  frantic  rage  of  Ulloa  at  their  humble  representations,  and 
trembling  at  his  threats,  believe  they  behold  them  already  carried  out  on  the 
liberty  of  their  families,  and  all  sold  at  auction  as  slaves  to  repay  the  king's 
rations.     Are  we  at  Fez,  or  at  Morocco  t 

What  has  not  this  singular  man  done  in  the  actions  of  his  private  life  1  What 
ahumili.-ition  has  not  France  received  during  his  stay  here,  not  only  in  the  viola- 
tion of  the  right  of  nations,  but  also  in  the  contempt  of  the  ecclcsiastieal  laws! 
Besides,  doubtless  in  his  contempt  for  French  Catholics,  he  has  refrained  from 
frequenting  our  churches,  and  has  had  mass  said  in  his  house  for  eighteen 
months,  and  by  his  chaplain  conferred  the  sacrament  of  marriage  on  two  persons, 
the  woman  a  negress  and  a  slave,  and  the  man  white,  and  this  without  permis- 
sion of  the  parish  priest,  without  any  publication  of  banns,  without  any  forms  or 
solemnities  required  by  the  church,  to  the  great  scandal  oflhe  public,  in  contempt 
of  the  council  of  Trent,  and  against  the  positive  tenor  of  our  ordinances,  civil 
and  canonical. 

What  is  there  then  culpable  in  the  course  which  Ulloa's  conduct  and  vexations 
compelled  us  to  lake  1     What  evil  have  we  done  in  throwing  off  a  foreign  yoke 


f't-m'issi^m&SM: 


<"T*^ 


228 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


ties ;  that  there  miu^t  have  been  some  great  irregularity  in  his 
conduct  to  induce  the  stops  to  which  the  inhabitants  proceeded, 

rendered  still  more  crushing  by  the  hand  that  imposed  iti  What  harm  have  we 
indcrd  done,  in  demanding  our  laws,  our  country,  our  king,  and  vowing  a  per- 
eovering  love  to  him  1  Are  these  praises  unexampled  in  our  history  ?  More 
than  oni!  city  in  France,  provinces  even,  Qucrcy,  Roucrgyno,  Gascony,  Cahora, 
Montauban,  did  they  not  again  and  again  throw  off  the  English  yoke  or  obsti- 
n.:tely  refufce  his  chains  !  In  vain  did  the  treaties,  cessions,  even  repeated  orders 
of  our  kings,  sometimes  try  to  eflV ct,  what  English  arms  cnuld^not  compass ;  and 
this  noble  resistance  to  tlhc  will  jf  their  native  sovereigns,  instead  of  enkindling 
their  anger,  excited  their  lova,  obtained  their  aid,  and  ctrectcd  an  entire  deliver- 
ance. 

And  besides,  of  what  use  could  th«  colony  of  Louisiana  be  to  Spain  T  Inferior 
in  its  productions  to  the  rich  countries  which  she  possesses,  our  country  can 
only  serve  as  a  bulwark  to  Mexico.  Now,  will  this  bulwark  be  impenetrable  to 
the  forces  of  England,  already  mistress  of  the  east  bank  of  the  Mississippi,  with 
a  right  to  the  navigation  and  owning  above,  posts  accessible  not  only  from  the 
mouth  of  the  river,  but  also  by  their  immrdiute  proximUy  to  other  countries  in 
the  north  where  th  ur  sway  is  established  ! 

The  preservation  of  this  colony  by  France,  is  a  better  guaraiitee  to  the  Spanish 
possessions  on  that  side  than  a  cession  made  to  that  crown  ;  the  unfavorable  im- 
pressions already  conceived  against  it  by  the  Indian  tvibes,  which  drew  on  the 
Spanish  Captai'i  Rice,  commandant  of  the  Illinois,  not  only  insults,  but  fierce 
threats,  would  langc  them  among  the  enemy  in  case  of  attack.  On  the  contrary, 
these  tribes  abvays  march  with  the  French  soldier,  without  asking  against  what 
foe  ;  this  is  the  true  bulwark. 

As  Spain  can  derive  no  advantage  from  the  acquisition  of  this  immense  pro- 
vince, and  as  evidently  the  restrictions  of  conmierce  will  reduce  us  to  a  bare 
living,  why  should  the  two  sovereigns  agree  to  make  us  unhappy,  merely  for  the 
pleasure  of  doing  sol  It  is  a  crime  to  think  so — such  sentiments  do  not  enter 
the  hearts  of  kings.  The  protection  of  our  new  prince,  promised  by  ours  in  hia 
letter  of  April  21st,  1764,  shows  their  mutual  wish  for  our  happiness;  and  the 
respected  silence,  which  we  have  hitherto  preserved  on  our  real  interests,  has 
doubtless  prevented  their  attaining  the  true  means  to  render  us  happy. 

As  to  the  utility  of  this  colony  to  France,  the  slightest  rctlectiori  shows  it. 
The  loss  of  Canada  having  closed  that  market  to  French  manufactures,  the  pre- 
servation of  Louisiana  can  in  a  short  time  redeem  this  loss  so  injurious  to  homo 
industry.  The  efforts  of  the  French  already  settled  here  and  of  those  who  come 
in  daily,  can  easily  render  available  that  Missouri  trade  already  so  well  planned, 
and  which  needs  only  the  encouragement  and  help  which  the  French  rule  can 
give.  Even  the  Canada  Indians  come  daily  to  Illinois  for  French  goods,  prefer- 
ring them  to  thoEC  which  the  English  carry  to  their  villages.  Let  them  cease 
fettering  our  activity,  and  England  will  cease  selling  France  what  furs  she  needs. 
In  their  cargoes,  our  manufactures  will  tind  a  ready  sale  and  constitute  their 
gain,  and  in  the  return  of  furs,  to  which  may  be  added  our  indigo,  sugar,  cotton, 


ing 
of  4 
mo 
Th 
Fr 


. 


•mi* 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


229 


ty  in  his 
oceeded, 

■m  have  wc 
ving  a  pcr- 
iry  1  More 
ly,  Cahors, 
le  or  obsti- 
•atrtl  orders 
mimas ;  and 
r  enkindling 
tire  deliver- 

1 1  Inferior 
country  can 
)enetrablc  to 
lissippi,  with 
ily  from  the 
countries  in 

i  the  Spanish 
favorable  im- 

drew  on  the 
Its,  but  fierce 

the  contrary, 
against  what 

immense  pro- 
e  us  to  a  bare 
merely  for  the 
B  do  not  enter 
by  ours  in  his 
iness ;  and  the 
interests,  has 
jppy. 

ctiori  shows  it. 
itures,  the  pre- 
iirious  to  homo 
hose  who  come 
)  well  planned, 
^rench  rule  can 
i  goods,  prcfer- 
,ct  them  cease 
furs  she  needs, 
jonslitute  their 
I,  sugar,  cotton, 


as  the  French  governors  had  always  experienced  their  fidelity 
and  submission.  ' 

they  will  also  have  the  supply  of  the  raw  material  on  which  their  industry  is 
engaged.  If,  then,  the  utility  of  manufaccurcs  in  the  kingdom  is  acknowledged 
—and  rhey  have  always  obtained  the  special  protection  of  our  kings— is  it  not  in 
the  political  order  to  extend  this  protection  to  the  preservation  of  resources, 
which  it  would  employ  all  the  forces  of  the  state  to  acquire,  if  not  possessed  of 

them  1 

To  these  considerations  add  the  suspended  payment  (since  1759)  of  seven 
millions  in  royal  paper,  which  formed  the  currency  of  our  exchange  and  the 
sinews  of  our  commerce.  Add  the  mutual  engagement  of  French  merchants  to 
us,  and  us  to  them,  whose  fate  depends  on  the  disposal  to  be  made  by  the  king 
of  this  province  ;  add,  too,  our  obligation  to  endeavor  to  restore  our  ruined  for- 
tunes, unaided  by  the  funds  heretofore  shared  by  all,  in  proportion  to  economy, 
emulation,  patrimmiy  of  each,  and  all  must  see  that  our  new  efforts  deserve  the 
encouragement  of  our  king. 

Jealous  observers  of  all  the  respect  due  to  crowned  heads,  and  the  mutual 
rerrard  which  civilized  nations  owe  each  other,  we  should  despair,  did  our  con- 
du°ct  seem  to  fail  in  either.  There  is  nothing  offensive  to  the  court  of  Madrid  in 
the  expofdl  of  our  wants  and  the  assurance  of  our  love,  which  we  bear  to  the 
feet  of  our  august  sovereign.  We  venture  to  hope  that  these  marks  of  our  zeal 
will  also  serve  to  prove  to  the  nations,  the  truth  of  the  surname  wcll-belovcd, 
which  the  whole  v/orld  gives  him,  and  which  no  monarch  has  hitherto  enjoyed. 
Perhaps  even  at  Madrid  they  will  say  :  "  Happy  the  prince,  our  r.lly.  who  finds 
an  obstacle  to  his  treaty  of  cession,  in  the  inviolable  attachment  of  his  subjects 
to  his  rule  and  glorious  person." 

We  know  full  well  that  the  Spanish  envoy  before  his  departure  obtained,  and 
by  his  emissaries  is  still  collecting,  certificates  from  some  individuals  among  us, 
mercenary  clients  whom  he  has  won  by  brilliant  promises,  and  who  seek  prose- 
lytes here  by  persuading  the  simple  and  alarming  the  weak.  But  whatever 
these  unauthentic  documents  may  contain,  they  cannot  belie  the  general  voice 
and  public  notoriety.  The  Genevese,  English  and  Dutch  merchants  who  wit- 
nessed the  revolution,  will  relate  the  truth  in  their  several  countries ;  in  a  still 
more  certain  way  will  they  attest  the  fact  that  our  flag  was  raised  without  any 
insult  to  the  Spanish  frigate ;  that  Ulloa  embarked  in  all  possible  liberty  and  with- 
out any  unbecoming  act  on  our  part ;  that  then  and  since  we  have  redoubled 
our  attention  and  respect  to  the  other  officers  of  his  Catholic  majesty  ;  that  dur- 
ing the  three  days  of  the  revolution  (a  singular  and  remarkable  fact  by  the  avowal 
of  the  Spaniards  themselves),  no  cry  of  insult  to  their  nation  was  heard  amid  the 
more  than  twelve  hundred  militia,  and  the  women,  children  or  whole  people. 
The  only  cries  heard,  in  which  even  foreigners  joined,  were  "  Vive  le  Roi  de 
France,"  "  Vive  Loms  le  bien-aime." 

To  his  beneficent  majesty  then  do  we,  the  planters,  merchants  and  colonists 
of  Louisiana,  address  our  humble  petition,  that  he  will  immediately  resume  his 
colony,  and  as  resolved  to  live  and  die  under  his  beloved  rule,  as  determined  to 


mrm/uft 


280 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


Let  O'Reilly  then  cease  to  palliate  his  cruelty  and  barbarity, 
by  cloaking  himself  by  his  orders  from  court*    They  could 

do  all  that  the  prosperity  of  his  arms,  the  extension  of  his  power,  and  the  glory 
of  his  reign  require,  we  beseech  him  to  deign  to  preserve  to  us,  our  patriotic 
name,  our  privileges  and  our  laws.  _     _^ 

♦  Great  doubts  have,  until  recently,  hung  over  the  precise  nature  of  the  king's 
instructions  to  O'Reilly.  Even  Marbois,  an  abje  writer,  and  a  statesman  of 
acknowledged  abilities,  has  followed  the  beaten  track  of  previous  writers  in  cen- 
suring the  conduct  and  acts  of  O'Reilly.  Gayarre  is  the  only  historian  who  has 
taken  the  trouble  to  examine  this  subject  with  any  degree  of  care  :  and  yet,  he 
does  not  seem  to  have  been  able  to  procure  a  copy  of  the  instructions  to 
O'Reilly.  U  is  more  than  probable  they  were  suppressed.  In  ihe  absence  of 
them,  however,  he  refers  us  to  a  letter,  written  by  the  Marquis  of  Grimaldi  to  the 
Count  of  Fuentes,  then  Spanish  Ambassador  at  the  Court  of  Versailles,  which  is 
the  only  document  that  appears  to  embody  the  substance  of  these  instructions- 
except  those  published  in  the  appendix  to  this  work.     ♦  *  *  * 

"  The  instructions  given  to  O'Reilly,"  says  Grimaldi,  "  is,  that  he  is  to  take 
at  Havanna  the  battalions  of  infantry,  the  ammunition  and  other  materials  which 
he  mi"ht  deem  necessary,  to  transport  himself  to  Louisiana,  and  after  having 
taken  possession  of  her  in  the  name  of  his  majesty,  to  have  the  heads  of  the  re- 
bellion tried  and  punished  according  to  law,  and  then  remove  out  of  the  colony 
all  the  individuals  and  families,  whose  presence  might  endanger  its  tranquillity. 
He  is  also  ordered  to  provide  for  the  military  and  police  organization  of  the  pro- 
vince ;  to  eslablish  the  necessary  rules  for  a  correct  administration  of  justice  and 
of  the  finances  ;  to  secure  the  dependence  and  the  aubordination  of  the  inhabit- 
ants, and  to  frame  a  now  form  of  government-the  whole,  according  to  the  ver- 
bal instructions  which  had,  or  might  be  given  Wm.  But  as  the  king,  whose 
character  is  well  known,  is  always  inclined  to  oe  mild  and  clement,  he  has  order- 
ed O'Reilly  to  be  informed  that  his  will  is,  that  a  lenient  course  b*  pursued  in  the 
colony,  and  that  expulsion  from  it  be  the  only  punishment  inflicted,  on  those  who 

have  deserved  a  more  severe  one. 

♦  *  •  •  •  «    '        * 

"  You  will  give  an  account  of  the  whole  of  this  letter  to  the  Duke  of  Choiseul. 

You  will  beg  that  minister  to  invite  his  most  Christian  majesty  to  declare,  that 

the  said  inhabitants  of  the  colony  being  the  subjects  of  the  king,  his  cousin,  must 

throw  themselves  upon  his  mercy,  and  live  under  his  laws  ;  the  act  of  cession 

of  the  colony,  being  absolute,  and  without  any  obligation  whatever  on  the  part  of 

""  It"would  seem,"  says  Gayarte,  "  from.this  document,  that  O'Reilly  should 
have  contented  himself  with  having  expelled  from  the  colony  those  who  had  de- 
served a  severer  punishment— for  instance,  the  pain  of  death.  But  were  the  in- 
structions shown  to  the  court  and  those  really  given  to  O'Reilly,  of  the  same 
nature  T  That  is  the  question.  If  O'Reilly  received  tjie  instructions  which  are 
mentioned  in  the  dispatch  of  G  rimaldi,  would  he  have  dared  to  disobey  them  ;  and 


-oMM 


miV  ■L.'4jM«l|J>  " 


mSTORICAL  MEMOIRS  OF  LOUISIANA. 


231 


irbarity, 
3y  could 

I  the  glory 
r  patriotic 

r  the  king's^ 
itcsinan  of 
ers  in  cen- 
in  who  has 
and  yet,  he 
ructions  to 
!  absence  of 
nalili  to  the 
es,  which  is 
nstructions' 
■»  ♦ 

lie  is  to  take 
erials  which 
after  having 
Is  of  the  ra- 
the colony 
tranquillity, 
n  of  the  pro- 
f  justice  and 
the  inhabit - 
ig  to  the  ver- 
king,  whose 
\\e  has  order- 
ursued  in  the 
on  those  who 
t 

i  of  Choiseul. 
declare,  that 
;  cousin,  must 
act  of  cession 
on  the  part  of 

'Reilly  should 
B  who  had  de- 
i  were  the  in- 
f,  of  the  same 
ons  which  are 
bey  them  j  and 


not  be  sanguinary,  and  even  had  knavery  circumvented  the 
court  it  was  his  business  to  draw  down  the  Spanish  kings 
anger  on  the  man  who  had  perilled  the  dignity  of  his  station 
by  not  giving  it  due  authenticity. 

Let  us  banish  from  a  work  dictated  by  truth,  the  political 
V  maxim  promulgated  in  a  philosophical  and  enliglitenod  age,  a 
savage  maxim,  which  less  civilized  nationshave  most  sedulous- 
ly  rejected,     but    which  Spaniards    adopt    with    mexcus- 

'able  blindness. 

"  Happen  what  will,"  says  a  certain  writer,  "  the  chief  must 
never  be  wrong,  and  it  is  dangerous  to  think  so."    I  shudder 
to  think  that  a  sensible  man  could  even  entertain  such  an  ex- 
traordinary idea,  which  i's  even  now  repudiated  by  despotism 
itself.  Ah !  what  would  become  of  wretched  man,  if  he  should 
have  to  submit  for  ever  to  the  caprices  and  crneltics  of  a  barba- 
rous tyrant,  who  has  not  the  good  sense  to  seethe  injustice  of 
his  acts.    A  government  founded  on  injustice  is  weak  in  its 
foundation,  and  maybe  easily  overturned  •,-respect  is  a  feeble 
tie  against  the  effects  of  cruelty.     A  people  live  tranquil  and 
contented,  when  they  know  they  have  laws  to  protect  them 
and  obey  without  a  murmur,  if  they  do  not  have  to  dread  the 
insolence  of  a  superior.      They  also  bear  insults  calmly,  if  as- 
sured the  law  will  sooner  or  later  avenge  them.     We  then 
say  boldly,  nothing  can  screen  an    unjust '  governor,  from 
the  anger  of  the  king,  who  has  been  appointed  to  com- 

wouldhe.  when  such  strong  appeals  were  made  to  him  to  save  the  liv^f  Lafre- 
«iere  and  hi,  companions,  have  had  the  unblushing  effrontery,  on-f5lus.ng  that 
boon,  to  plead  the  orders  of  the  king,  and  thus  falsely  throw  upon  h.B  «overe.gn 
the  odium  of  a  measure  which  was  contrary  to  the  expressed  will  of  the  king  . 

There  can  then  be  no  doubt  that  O  IleiUy  obeyed  to  the  letter,  the  instructions 
of  the  king,  for  we  have,  in  evidence  before  us,  the  report  of  the  Council  and 
Chamber  of  the  Indies  approving,  in  the  most  pompous  and  sonorous  Castilian 
phraseology,  the  act.  and  conduct  of  OlteiUy  in  Louisiana. 


-iflM 


iWPS 


mftiflMHa 


232 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


mand  his  subjects.  Nothing  then  should  have  preserved 
Ulloa  from  the  exemplary  punishment,  which  the  irregularity 
of  his  conduct  deserved,  and  all  should  have  induced  the 
Louisianiuns  to  believe  that  the  Spanish  king  would  regard  with 
other  eyes  the  motives  of  their  conduct;  all  induced  them  to 
believe' that  the  French  king  would  give  them  protection  at 
the  Spanish  court ;  that  he  would  insist  on  the  rights  of  sub- ' 
jects,  whose  fidelity  to  him  had  exposed  them  to  the  wrath  of 
a  whole  nation  that  believed  itself  insulted. 

The  world  has  beheld  with  surprise  the  silence  of  the  French 
ministry  as  to  O'Reilly's  conduct,  its  neglect  to  exact  repara- 
tion for  his  inhumanity,  its  silence  as  to  the  violation  of  the 
law  of  nations  in  pronouncing  sentence  on  French  subjects. 
Still  more  is  Europe  surprised  to  learn  that  the  remnants  of 
those  wretched  families,  stripped  of  everything,  languish*  in 
silence  and  misery. 

Is  there  then  no  beneficence,  no  humanity  on  earth? 
Assured  of  the  contrary,  let  us  say  that  till  now  the  truth  was 
unknown,  the  French  ministry  were  deceived.  May  the  faith- 
ful narrative  which  I  now  present  to  faithful  souls,  excite  in 
them  those  feelings  which  honor  humanity. 

Generous  and  compassionate  hearts  I  Let  us  mingle  our  tears 
with  those  of  the  wretched  widows  and.orphans,  whom  those 
virtuous  men  commended  to  us,  as  they  died  'for  their  king. 
Let  us  join  our  regrets  to  the  sighs  of  those  desolated  families, 

'  The  property  of  the  prisoners  were,  in  conformity  with  the  lawa  of  Spain, 
sequBBtrated  from  the  time  of  their  arrest.  "I  have,"  »a.ya  O'Reilly,  "given 
•triot  orders  for  the  liquidation  of  said  property  in  accordance  with  the  laws,  in 
order  that  what  belongs  to  the  widows  and  other  creditors  may  be  given  to  them, 
and  the  remainder  delivered  up  to  the  king's  treasury."  Viilere,  Mazan  and 
Lal'reniero,  had  three  of  the  finest  plantations  in  all  the  province.  They  were 
■old  at  auction  for  so  inconsiderable  a  sum,  that  after  paying  costs  and  distribut- 
ing among  the  widows  and  creditors  the  portions  to  which  they  were  entitled, 
the  Royal  treasury  had  but  little  to  receive. 


ijii  ■piii.rijiu.ijiiniWL'i^ 


HISTORICAL  MEMOIRS  OF  LOUISIANA. 


233 


and  shudder  over  the  evils  to  which  virtue  is  exposed.  Aid 
rae  to  erect  an  altar  to  virtue  ;  be  the  pillars  of  that  I  have  just 
erected ;  pour  into  cold  and  inanimate  hearts  the  fire  which  in- 
flames you,  and  my  feeble  and  powerful  voice ;  and  let  the  cry 
of  persecuted  innocence  rouse  the,  numbed  arm  of  justice. 

O,  Heavenly  Power!  send  forth  the  light  of  truth  into  the 
hearts  of  those  raised  up  to  protect  it.  Unveil  iniquity  to  their 
eyes,  unmask  imposture.  Let  it  tremble  on  the  very  steps  of 
the  throne,  where  it  seeks  to  escape  thy  avenging  hand,  and 
let  me  in  transports  at  the  sight  of  thy  justice  exclaim: 
"  There  is  then  on  earth  an  asylum  for  virtue,  a  support  for 
that  innocence,  and  no  place  where  iniquity  and  crime  can  find 
a  shelter." 


ii 


*  W\ 


• 


"WWH**'^ 


,■  j.  :jii  ■'■■•'< 


i^nt 


APPENDIX 


or 


HISTORICAL  DOCUMENTS  AND  ELUCIDATIONS. 


I. 


4 

■A 


Preliminary  Convention  between  the  Kings  of  France  and  Spain,  for 
the  cession  of  Louisiana  to  the  latter. 

The  most  Christian  liing  being  firmly  resolved  to  strengthen  and 
perpetuate  the  bonds  of  tender  amity  which  unite  him  to  his  cousin, 
the  Catholic  king,  proposes  in  consequence  to  act  with  liis  Catholic 
majesty  at  all  times  and  in  all  circumstances,  in  a  perfect  uniformity 
of  principles,  for  the  common  glory  of  their  house  and  the  reciprocal 
interests  of  their  kingdoms. 

With  this  view,  his  most  Christian  majesty,  being  fully  sensible  of 
the  sacrifices  made  by  the  Catholic  king,  in  generously  uniting  with 
him  for  the  restoration  of  peace,  desires,  on  this  occasion,  to  give 
him  a  proof  of  the  strong  interest  which  he  takes  in  satisfying  him 
and  afibrding  advantages  to  his  crown. 

The  most  Christian  king  has  accordingly  authorized  his  minister, 
the  Duke  de  Choiseul,  to  deliver  to  the  Marquis  de  Grimaldi,  the 
ambassador  of  the  Catholic  king,  in  the  most  authentic  form,  an  act, 
whereby  his  most  Christian  majesty  cedes  in  entire  possession,  purely 
and  simply,  without  exception,  to  his  Catholic  majesty  and  his  succes- 
sors, in  perpetuity,  all  the  country  known  under  the  name  of  Louisi- 
ana, as  well  as  New-Orleans  and  the  island  in  which  that  place  stands. 

But  as  the  Marquis  de  Grimaldi  is  not  informed  with  sufficient 
precision  of  the  intentions  of  his  Catholic  majesty,  he  has  thought 
proper  only  to  accept  the  said  cession  conditionally,  and  sub  spe  rati, 
\under  expectation  that  it  leill  be  ratified.^  until  he  receives  the  orders 
expected  by  him  from  the  king,  his  master,  which,  if  conformable 
with  the  desires  of  his  most  Christian  majesty,  as  he  hopes  they  will 
be,  will  be  followed  by  the  authentic  act  of  cession  of  the  said  coun- 


•^MPIMMiPWl* 


r 


236 


APPENDIX. 


try  ;  stipulating  also  the  measures  and  the  time,  to  be  fixed  by 
coiniiiou  accord,  for  the  evacuation  of  Louisiana  and  Ne\v-<Jrlea»s, 
by  the  subjects  of  his  most  Christian  majesty,  and  for  the  possession 
of  the  same  by  those  of  his  Catholic  majesty. 

In  testimony  whereof,  we,  the  respective  ministers,  have  signed 
the  present  preliminary  convention,  and  have  affixed  to  it  the  seals 

of  our  arms. 

Done  at  Fontaincbleau,  on  the  third  of  November,  one  thousand 

seven  hundred  and  sixty-two. 

The  Duke  de  Ciioiseul. 
The  Makqcis  bk  Ghimaldi. 

(A  true  copy  from  the  original.)       _      ^  ^ 

^  '  "^  The  Duke  dk  Choisbul. 


II. 

Definite  act  of  cession  of  Louisiana  by  the  King  of  France  to  the 

King  df  Spain. 

Louis,  by  the  grace  of  God,  king  of  France  and  Navarre,  to  all  to 
whom  these  presents  shall  come,  greeting :     Whereas  our  very  dear 
and  well.beloved  cousin,  the  Duke  de  Choiseul,  peer  of  our  realm, 
kni<^htof  our  orders  and  of  the  golden  fleece,  lieutenant-general  of 
our"  armies,  governor  of  Touraine,  colonel-general  of  the  Swiss  and 
Orisons,  grandmaster  and  superintendant-general  of  the  posts  and 
relays  of  France,  our  minister  and  secretary  of  state  for  the  depart- 
mento  of  war  and  marine  and  the  correspondence  with  the  courts  of 
Madrid  and  Lisbon,  did  sign,  in  our  name,  with  the  Marquis  de  Gri- 
maldi,  knight  of  our  orders,  gentlemen  of  the  chamber,  in  exercise  of 
our  very  dear  and  well-beloved  brother  and  cousin,  the  Catholic 
king  and  his  ambassador  extraordinary  near  us,  a  preliminary  con- 
vention, whereby,  in  order  to  give  to  our  said  brother  and  cousin  a 
new  testimonial  of  our  tender  friendship,  of  the  strong  interest  which 
we  take  in  satisfying  him  and  promoting  the  welfare  of  his  crown, 
and  of  our.sincere  desire  to  strengthen  and  render  indissoluble  the 
bonds  which  unite  the  French  and  Spanish  nations,  we  ceded  to  hira 
entire  and  perpetual  possession  of  all  the  country  known  under  the 
name  of  Louisiana,  together  with  New-Orleans  and  the  island  m 
which  that  city  stands,  which  convention  had  only  been  signed  con- 


allUM»l.aW]W'i«-iJl'«'»liM>Mi|l.lW!»ll«'>l'»'il'"* 


J 


iiig!i{|lggi;i.._,w|iM  jwgafWpygjjBijj"^ 


APPENDIX. 


28r 


fixed  by 
(Jrlenae, 

>ssesHiun 

3  signed 
Jic  seals 

thousand 

SUL. 
IMALDI. 

EUL. 


ice  to  the 


,  to  all  to 
very  dear 
ur  realm, 
general  of 
Swiss  and 
posts  and 
he  depart- 
5  courts  of 
uis  de  Gri- 
exercise  of 
e  Catholic 
linary  con- 
id  cousin  a 
jrest  which 
his  crown, 
soluble  the 
■ded  to  him 
t  under  the 
e  island  in 
signed  con- 


ditionally and  sub  sperati  by  the  Marquis  do  Grimaldi :  and  whereas 
our  said  brother  and  cousin,  the  Catholic  king,  animated  by  the  same 
sentiments  towards  us  which  wc  have  evinced  on  this  occasion,  has 
OTreed  to  the  said  cession,  and  ratified  the  conditional  acceptation 
made  by  his  said  ambassador  extraordinaiy,  which  convention  and 
ratification  are  here  inserted  word  for  word,  as  follows: 

Don  Carlos,  by  the  grace  of  God  King  of  Castile,  of  Leon,  of  Arra- 
gon,  of  the  Two  Sicilies,  of  Jerusalem,  of  Navarre,  of  Granada,  of 
Toledo,  of  Valencia,  of  Gallicia,  of  Majorca,  of  Seville,  of  Sardinia, 
of  Algesiras,  of  Gibraltar,  of  the  Canary  Islands,  of  the  East  and 
West  Indies  and  the  islands  and  main  land  of  the  ocean,  archduke  of 
Austria,  duke  of  Burgundy,  of  Brabant  and  Milan,  count  of  Ilaps- 
burg,  of  Flanders,  of  Tyrol,  and  of  Barcelona,  lord  of  Biscay  and  of 
Molina,  &c. 

Whereas,  on  the  third  day  of  the  present  month,  the  preliminaries 
of  a  peace  were  signed  between  the  crowns  of  Spain  and  France  on 
the  one  part,  and  those  of  England  and  Portugal  on  the  other,  and 
the  most  Christian  king,  my  very  dear  and  well-bolovcd  cousin, 
purely  from  the  nobleness  of  his  heart,  and  the  love  and  friendship 
in  which  we  live,  thought  proper  to  dispose  that  the  Marquis  do 
Grimaldi,  my  ambassador  extraordinary  near  his  royal  person,  and 
the  Duke  de  Choiseul,  his  minister  of  state,  should  on  the  same  day 
sign  a  convention  by  which  the  crown  of  France  ceded  immediately 
to  that  of  Spain  the  country  known  by  the  name  of  Louisiana,  toge- 
ther with  New-Orleans  and  the  island  in  which  that  city  stands,  and 
by  which,  said  ambassador  agrees  to  the  cession  only  conditionally 
8ub  sperati,  as  he  is  not  furnished  with  orders  to  execute  it  absolute- 
ly ;  the  tenor  of  which  convention  is  the  following : 

The  most  Christian  king  being  firmly  resolved  to  strengthen  and 
perpetuate  the  bonds  of  tender  amity  which  unite  him  to  his  cousin, 
the  Catholic  king,  proposes  in  consequence  to  act  with  his  Catholic 
majesty  at  all  times  and  in  all  circumstances,  in  a  perfect  uniformity 
of  principle,  for  the  common  glory  of  their  house  and  the  reciprocal 
interests  of  their  kingdoms. 

With  this  view,  his  most  Christian  majesty  being  fully  sensible  of 
the  sacrifices  made  by  the  Catholic  king  in  generously  uniting  with 
him  for  the  restoration  of  peace,  desires,  on  this  occasion,  to  give 
him  a  proof  of  the  strong  interest  which  he  takes  in  satisfying  him 
and  affording  advantages  to  his  crown.  ^ 

The  most  Christian  king  has  accordingly  authorized  his  minister, 


I 


lUUHHiuMtMlB" 


mm' 


r 


238 


APPENDIX. 


the  Duke  de  Choiscul,  to  deliver  up  to  the  Mnrquis  de  Grimaldi,  the 
ambassador  of  the  Catholic  king,  in  the  most  authentic  form,  an  act 
whereby  his  most  Christian  majesty  cedes  in  entire  possession,  purely 
and  simply,  without  exception,  to  his  Catholic  majesty  and  his  suc- 
cessors, in  perpetuity,  all  the  country  known  under  the  name  of 
Louisiana,  as  well  as  New-Orleans  and  the  island  in  which  that  place 

"  But,  as  the  Marquis  de  Grimaldi  is  not  informed  with  Bufficient 
precision  of  the  intentions  of  his  Catholic  majesty,  he  has  thought 
proper  only  to  accept  the  said  cession  conditionally  and  sub  spe  ratu 
until  he  receives  the  orders  expected  by  him,  from  the  king,  hia 
master,  which,  if  conformable  with  the  desires  of  his  most  Christian 
majesty,  as  he  hopes  they  will  be,  will  be  followed  by  the  authentic 
act  of  cession  of  the  said  country,  stipulating  also  the  measures  and 
the  time,  to  be  fixed  by  common  accord,  for  the  evacuation  of  Louisi- 
ana  and  NowOrleans,  by  the  subjects  of  his  most  Cliristian  majesty, 
and   for  the  possession   of  the  same  by  those  of   his  Catholic 

majesty.  .  ,  ,  .       , 

In  testimony  whereof,  we,  the  respective  ministers,  have  signed 
the  present  preliminary  convention,  and  have  affixed  to  it  the  seals  of 

our  arms.  ,  „         ,  .1.  j 

Done  at  Fontainebleau  on  the  third  of  November,  one  thousand 

seven  hundred  and  sixty-two. 

TlIK    DUKK  DK  ChOISEUL, 

The  Marquis  de  Grimaldi. 

Therefore,  in  order  to  establish  between  the  Spanish  and  French 
nations  the  Lame  spirit  of  union  and  friendship  which  should  subsist 
as  they  do  in  the  hearts  of  their  sovereigns,  I,  therefore,  take  pleasure 
in  accepting,  as  I  do  accept,  in  proper  form,  the  said  act  of  cession, 
promising  also  to  accept  those  which  may  hereafter  be  judged  neces- 
sary  for  carrying  it  into  entire  and  formal  execution,  and  authorizing 
the  said  Marquis  de  Grimaldi  to  treat,  conclude,  and  sign  them. 

In  testimony  whereof,  I  have  ordered  these  presents  to  be  drawn 
up  signed  by  my  hand,  sealed  with  my  privy  seal,  and  countersigned 
by  my  counsellor  of  state  and  chief  secretary  of  state  and  war.  Given 
at  San  Lorenzo  el  Real  on  the  thirteenth  of  November,  seventeen 

hundred  and  sixty-two. 

I,  The  King. 

(Countersigned)     Rioardo  Wall. 


wBtfiiiiitoCiiiiUiiiiawf^ 


.i.iii»  jii  ifm'Ktmtmm '  iufwi-nOT 


lapnM 


naldi,  the 
m,  an  act 
m,  purely 
1  his  sue- 
name  of 
that  place 

eufficient 
s  thought 
b  ape  raltt 
king,  hia 
Christian 
authentic 
isures  and 
of  Louisl- 
1  majesty, 
s   Catholic 

ive  signed 
the  seals  of 

;  thousand 

SEUL, 
RIMALDI. 

and  French 
•uld  subsist 
,ke  pleasure 
of  cession, 
dged  neces- 
authorizing 
I  them. 
;o  be  drawn 
)untersigned 
war.    Given 
r,  seventeen 

Che  King. 


APPENDIX. 


239 


The  said  acceptation  and  ratification  having  been  approved  by  »is, 
and  regarded  as  a  strong  evidence  of  the  friendship  and  good-will  of 
our  very  dear  and  well-beloved  cousin,  the  Catholic  king,  we  renew 
and  confirm  by  these  presents,  the  cession  of  Louisiana  and  of  New- 
Orleans,  with  the  island  in  which  that  city  stands,  promising  immcdi- 
ately  to  conclude  with  our  said  brother  and  cousin  a  convention,  in 
which  the  measures  to  be  taken  in  concert  for  executing  and  consum- 
mating this  session  to  our  mutual  satisfaction  will  be  fixed  by  com- 
mon accord.  In  faith  whereof,  we  have  caused  these  presents  to  be 
drawn  up,  which  we  have  signed  with  our  hands,  and  have  affi.xed  to 
them  our  secret  seal. 

Given  at  Versailles,  on  ♦^'O  twenty-third  day  of  the  month  of 

November,  in  the  year  of  ^race  one  thousand  seven  hundred  and 

sixty-two,  and  of  our  reign  the  forty-eighth. 

Louis. 

(By  the  King)    Choisbui,  Dckk  db  Pkabun. 


III. 

The  seventh  article  of  the  definite  treaty  of  peace  and  unity  between  the 
King  of  France,  Spain,  and  England^  signed  at  Paris  on  the  10 th  of 
February,  1763 ;  which  is  word  for  word,  the  same  with  the  sixth 
article  of  the  preliminary  convention  between  the  same  powers,  signed 
at  Fontainebleau  on  the  3d  of  November,  1762. 
Article  7  or  6.  In  order  to  re-establish  peace  on  solid  and  durable 
foundations,  and  to  remove  forever  all  motives  for  dispute  respecting 
the  limits  of  the  French  and  British  territories  on  the  American  con- 
tinent, it  has  been  agreed  that  the  limits  between  the  states  of  his 
most  Christian  majesty  and  those  of  his  Britannic  majesty  in  that 
part  of  the  world,  shall  hereafter  be  irrevocably  fixed  by  a  line  drawn 
along  the  middle  of  the  river  Mississippi,  from  its  source  to  the  river 
Iberville ;  and  thence,  by  another  line  through   the  middle  of  that 
river,  and  of  the  lakes  Maurepas  and  Pontchartrain,  to  the  sea ;  and 
for  this  purpose,  the   most  Christian  king  cedes  to  his  Britannic 
majesty,  and  guaranties  to  him,  the  entire  possession  of  the  river 
and  port  of  Mobile,  and  of  all  that  he  possesses  or  should  have  pos- 
sessed on  the  left  bank  of  the  river  Mississippi,  with  the  exception 


240 


APPENDIX. 


of  Ncw.Orloans,  and  of  the  island  whereon  that  city  stands,  ^^htch 
are  to  renmln  sul.joct  to  Fmnce ;  it  being  undcrHtood  that  the  naviga- 
tion of  the  Mississippi  lliver  is  to  bo  e-pmlly  free  to  the  «ubjecU.  of 
(Jreat  Britain  and  of  Frauee,  in  its  wlu.io  breadth  and  extent,  from 
its  source  to  the  sea,  and  purtieularly  that  part  between  the  «a.d  .sland 
of  New.Orleans  and  the  right  banli  of  the  river,  as  well  <;«  the  en- 
traneo  and  departure  by  its  mouth.     It  is  n.oreovor  stipulated  that 
vessels  belonging  to  the  subjects  of  either  nation  are  not   to  be 
detained,  searched,  nor  obliged  to  pay  any  duty  whatsoever      Iho 
stipulations  contained  in  the  fourth  article,  in  favor  of  the  n.hab. lants 
of  Canada,  are  to  be  of  e.iual  eO'ect  with  regard  to  the  nihab.tants  of 
the  eountries  ceded  by  this  article. 


IV. 

NoUfrom  the  French  Minuter  to  the  Spanish  Ambassador. 

Vkhbaillks,  Ji>n7  2l,  1704. 
To  THE  CoNDE  uE  FcE.TES  :_5/r,-The  king  has  caused  the  ncccs- 
sary  orders  to  be  issued  for  the  surrender  of  the  country  of  Lou.smna, 
IZ  New-Orleans  and  the  island  on  which  the  said  c.ty  stands,  nUo 
the  hands  of  the  commissioner  whom  his  Catholic  majesty  may  ap- 
noint  to  receive  them.  I  have  sent  the  same  papers  to  the  Marqu  s 
KUm  ho  win  have  the  honor  to  present  them  to  his  Catho be 
„. Ly.     Your  excellency  will  see  that  the  king's  orders  are  enl.rely 

Tolrmablewith  the  acts  «'«n«^ '"  ^^«\-^  ^^f^  ^'^XCa" 
caused  some  articles  to  be  inserted,  equally  conducive   o  the  tran 
quimty  of  the  country  afterit  is  in  possession  of  his  Cathohc  majesty, 
and  to  the  happiness  of  its  inhabitants. 

I  have  the  honor  to  be,  with  great  esteem,  your  excellency's  most 
humble  and  obedient  servant,  ^^^^  ^^^^  ^^  Ciioiseul. 


V. 

Commission  of  Don  Louis  de  Unzaga  y  Amezaga. 
Don  Carlos  by  the  Grace  of  God,  &c.-Whcroas,  Don  Alcxan- 
droS^ReU      ieutenant-gcneralof  myroyal  armic,  and  inspector- 
glral  of  all  my  inflmtry,  under  my  commission  in  the  provmceof 


^m!liJ.U[iJ'J-t.HJil^'-J'MW.""' 


'itujaijis? 


-^^^^^moiiwM^aJim J^^u/'''''i.wJ»iiUji!<. »  KmSMf^ 


,  which 

naviga- 

>jects  of 

nt,  from 

id  island 

the  cn- 

tcd,  that 

)t   to  bo 

cr.    The 

iul)ilants 

)itant8  of 


idor, 

,  1704. 
the  ncccs- 
^^ouisiana, 
iiids,  into 
'  may  np- 
0  Marquis 
s  Catholic 
e  entirely 
ajesty  has 
}  the  trail 
c  majesty, 

ley's  most 

lOISEUL. 


Dn  Alcxan- 

inspector- 

province  of 


APPENDIX. 


241 


Louisiana,  by  a  letter  of  Di-cemhor  1 0th,  17('0,  has  represented  to 
me,  that  in  consequence  of  the  order  which  I  had  deigned  to  send  him, 
appointing  you,  Colonel  Don  Louis  Tnzaga  y  Aniozaga,  political  and 
military  governor  of  the  city  and  province  of  Loui^iiana;  he  had  put 
you  in  poRsesiiioti  of  your  command,  and  had  given  you  proper  in- 
structions fur  the  performance  of  its  dutie!«,  communicating  the  neces- 
sary orders  to  the  treasury  of  the  said  city  to  make  advances  to  you 
out  of  the  sum  of  six  thousand  dollars  assigned  to  that  office ;  and 
that,  until  such  asitignmcnt  should  receive  my  royal  approval,  you 
would  remain  responsible  for  all  that  you  should  receive  of  the  same; 
and  as  there  was  yet  no  example  in  that  city  of  the  sum  for  which 
each  governor  was  required  to  be  accountable,  as  security  for  his 
proper  administration,  he  had  considered  your  salary  as  fixed  at  three 
thousand  dollars,  (taking  into  consideration  the  dependencies  of  that 
province,)  and  the  amount  of  your  security  at  the  same  ;  and  in  order 
that  you  might  not  be  reduced  to  seek  for  .an  inhabitant  of  the  city 
to  become  your  security,  you  might  h'ave  a  fifth  part  of  your  salary, 
each  year,  in  the  treasury,  so  that  at  the  expiration  of  the  five  years 
of  your  governorship,  the  whole  amount  would  be  in  my  royal 
treasury  ;  adding,  that  he  also  thought  it  proper  you  should  be  free 
from  the  duty  of  media  anata  as  the  ofRee  was  but  newly  established ; 
all  which  dispositions  I  approved  by  my  royal  order  of  March  24th, 
1770.  Moreover,  having  consulted  my  council  and  chamber  of  the 
Indies,  on  the  27th  day  of  February  of  this  year,  I  resolved  to  order  this, 
my  royal  patent,  to  be  issued  in  your  favor,  declaring  you  hereby  ex- 
empt from  the  duty  of  media  anata,  as  the  office  has  been  but  lately 
established,  and  that  the  five  years  of  your  governorship  are  to  com- 
mence  on  the  day  in  which  you  took  possession  of  the  same,  your 
security  being  arranged  as  determined  by  my  said  commissioner.  It  is, 
therefore,  my  will,  that  you,  the  said  Don  Louis  de  Unzaga  y  A  mezaga, 
should  be  military  and  political  governor  of  the  city  of  New-Orleans, 
and  province  of  Louisiana ;  and  I  command  the  council,  justices,  and 
magistracy  of  that  city,  with  the  other  judges  and  justices  of  the 
same,  and  of  the  province,  that,  after  you  shall  have  taken  before  that 
assembly  the  oath  and  obligation  according  to  the  statutes  and  cus- 
toms of  Spain,  in  the  form  established  by  the  said  Don  Alexattdro 
O'Reilly,  to  keep  the  said  city  and  province  in  my  royal  name,  and 
never  to  deliver  nor  to  surrender  it  while  you  live,  to  any  enemy  or 
any  person,  unless  coming  with  an  order  to  that  effect,  signed  by  my 

16 


If' 


242 


APPENDIX. 


)l- 


roval  hand ;  you  should  be  left  in  exercise  of  the  said  office,  for  the 
safd  space  Jf  five  years  from  and  after  the  day  on  wh.ch  you  enter 
„t    OS  ion  of  it.  or  as  long  as  it  may  bo  my  royal  pleasure ;  the    . 
forts  soldiers,  ammunition,  and  artillery  of  the  said  provmce  and  ctty . 
hi;  deUver^d  up  by  those  who  may  have  them  in  charge,  to  be  used 
ad   ommanded  b'y  y'ou  in  all  cases  and  things  pertaining  thereunto ; 
vou  conducting  the  said  military  and  political  government,  as  your 
'rdeceslr  Don  Antonia  de  Ulloa,  captain  in  my  royal  navy,  should 
Tave  conducted  it.  and  as  the  other  political  and  military  governors 
of  my  kingdoms  in  the  Indies  should  ;  remaining  subordmate   o  my 
«Iv"  nor  fnd   ca4>tain.gener.l  of  the  island  of  Cuba   nnd  c.ty  of 
Ena  in  politll  and  military  matters,  and  in  all  other  cases  and 
h  «^^^^^      to  the  said  office,  conformably  to  the  terms  of  one 
of  the  royal  c^«?a,,  which  you  will  receive,  bearing  date  on  this 
day    you  will,  therefore,  in  'all  cases  and  affairs  which  may  present 
themselres.  r  gulate  your  conduct  by  the  orders  which  the  s   d 
"rs  ;nd  Lptain-general  may  give  you ;  obs-vmg  m  a^l  pol  t. 
ral  and  iudicial  concerns,  the  laws  and  proceedmgs  of  the  courts, 
aus^  tiem  to  be  fulfilled  in  all  Po-ts.  unless  you  may  have  orders 
o  the  contrary  from  me  ;  and  you  are  not  to  interfere  m  the  affairs 
of  my   oyal  h'acienda,  or  the  management  of  my  royal  treasury  m 
the"  aW  province  and  city ;  because,  as  governor,  you  have  no  farther 
powers  ^such  matters;  than  that  of  interposing  through  the  royal 
office       n  cases  of  introduction  of  illicit  goods  and  confiscations,  and 
iu  Sng  vessels  arriving  there,  either  yourself  in  person,  or  by  you 
"17'  Wing  likewiryour  duty  to  devote  yourself  w>th  especial 
S  purity  and  disinterestedness,  to  the  defence  and  security  of  the 
province,  and  to  the  maintenanceof  the  most  perfect  disciphne.^^^^^^^^ 

Lse  in  garrison,  to  the  prevention  of  illicit  trade,  and  to  the  faithful 

°';rr::Snm:l:;^tiacounciUus.ces  and  magistracy  c. 

the  X  of  New-Orleans,  and  all  others,  ministers,  sojourners  and 

ISntl  thereof,  and  of  the  province  of  Louisiana  as  soon  as  r. 

Lred  by  this  my  royal  patent,  to  have,  receive,  and  hold  you  as 

s':  h  miliUry  and 'political  governor  of  the  said  ?--  and  -t  J 

for  the  whole  period  during  which,  as  above  expressed,  '*  «  -"7  J^'U 

L  vou  should  exercise  this  office  ;  preserving  and  securing  to  you, 

l„d  to  such  deputies  that  you  may  appoint,  according  to  the  forrn 

,        estaUUhed  in  another  royal  cedula,  bearing  date  also  this  day,  all 


..^jBMMWfe'-^'M'"'''"*'''--'^''^'^"'''''' 


I 


for  the     ^ 
3U  enter 
ire;  the   , 
iindcity« 
I  be  used 
ereunto ; 

as  your 
jr,  should 
overnors 
te  to  my 
I  city  of 
jases  and 
IS  of  one 
!  on  this 
y  present 

the  said 
all  politi- 
he  courts, 
ive  orders 
the  affairs 
■easury,  in 
no  farther 
I  the  royal 
itions,  and 
)r  by  your 
th  especial 
rity  of  the 
line  among 
the  faithful 

igistracy  of 
urners  and 

soon  as  re- 
Dld  you  as 
e  and  city, 
t  is  my  will 
ring  to  you, 

to  the  form 
this  day,  all 


APPENDIX. 


243 


honors,  favors,  rights,  privileges  and  immunities  without  exception, 
corresponding  with  the  respective  stations  ;    all  such  deputies  and 
others  in  the  said  province,  commandants,  officers  and  soldiers,  con- 
sidering you  as  such  military  and  political  governor,  and  obeying  the 
orders  which  you  may  give  them  in  my  royal  service,  either  verbally 
or  in  writing;  and  I  command  the  royal  officers  of  the  said  province 
to  pay  you,  if  they  have  not  already  done  so,  the  six  thousand  dol- 
lars mentioned  above,  as  your  salary,  for  every  year  of  your  service, 
out  of  any  funds  which  are  or  may  be  in  my  royal  hacienda,  on 
authentic  presentation  of  this  patent,  with  your  receipt,  which  sums 
■>  will  be  passed  to  your  account  for  your  satisfaction  ;  it  being  under- 
stood, however,  that  a  fifth  part  of  your  said  salary  is  to  be  annually 
retained  as  security  for  your  administration.     I  declare,  that  for  this 
tavor,  you  are  to  pay  no  duty  of  media  anata,  inasmuch  as  the  office 
you  hold  is  one  of  recent  creation.     And  note  shall  be  taken  of  this 
patent,  in  the  qffices  of  the  accountants-general  of  distribution  of 
my  royal  hacienda,  and  council  of  the  Indies,  within  two  months 
after  the  date  thereof,  in  default  of  which  the  same  shall  be  void : 
note  shall  also  be  taken  by  the  said  royal  officers,  of  the  city  of  New- 
Orleans. 

Given  at  San  Ildefonso,  this  17th  of  August,  1772. 

(Signed)        I,  The  Kino. 


VI. 

Commission  of  Don  Bernardo  de  Galvez. 

Don  Carlos,  bt  the  Grace  of  God,  &c. — Whereas,  in  considera- 
tion of  your  merits,  and  of  the  especial  services  performed  by  you, 
Don  Bernar'lo  de  Galvez,  colonel  of  the  stationary  regiment  of 
infantry  of  Louisiana,  while  acting  as  governor,  ad  interim,  of  that 
province,  and  in  condescension  to  the  desires  of  its  inliai)itants,  I  have 
thought  proper,  by  my  royal  decrees  of  the  22d  of  April  last,  to 
declare  you  governor  {en  propriedad)  of  the  same. 

Therefore,  it  Is  my  will,  (hat  you,  the  said  Don  Bernardo  de 
Galvez  should  be  political  military  governor  of  the  city  of  New- 
Orleans,  and  province  of  Louisiana ;  and  I  command  the  council, 
justices  and  magistracy  of  that  city,  with  the  other  judges  and  min- 
isters thereof,  and  of  the  province,  that,  after  you  shall  have  taken 
before  that  assembly  the  oath  and  obligation,  eonformably  with  the 


244 


APPENDIX. 


W 


u 


statutes  and  custom  of  Spain,  and  according  to  the  form  estabhshed 
by  LieutenantOeneral  Don  Alexandro  ffReilly,  to  keep  the  satdaty 
.and province  in  my  royal  name,  and  not  to  deliver  or  surrender  them, 
while  you  live,  to  any  enemy,  nor  to  any  person  whatsoever,  unless 
he  bring  you  an  authority  to  that  effect,  signed  by  my  royal  hand, 
they  shall  leave  you  in  the  entire  exercise  of  the  office,  which  you 
held  ad  interim,  for  the  space  of  five  years,  more  or  less,  accordmg 
to  my  pleasure.    The  forts,  soldiery,  ammunition  and  artillery  m  the 
said  province,  being  delivered  up  to  you  by  those  who  may  have 
been  charged  therewith,  to  be  commanded  and  employed  by  you,  m 
all  cases  and  things  pertaining  to  them;  you  exercising  the  said 
political  and  military  government  in  the  same   manner  m  which 
your  predecessor,  Don  Louis  de  Umaga  y  Amezaga  did  and  should 
have  exercised  it,  and  as  the  other  political  and  military  governors  of 
my  kingdoms  in  the  Indies,  do  and  should  exercise  it;  being  subordi- 
nate to  my  governor,  captain-general  of  the  island  of  Cuba,  and  city  of 
Havana,  in  military  and  political  affairs,  and  in  all  cases  and  ctrcum. 
stances  pertaining  to  the  said  office,  according  to  the  terms  of  the  royal 
cedula  of  August  22d,  1772.     You  will,  therefore,  conform  m  all  busi- 
ness and  cases  which  occur,  to  the  orders  received  from  the  said  governor 
and  captain  general;  observing  in  affairs  of  politics  and  justice,  the 
laws,  and  whatever  else  may  emanate  from  the  courts,  causing  them  to 
be  fulfilled  in  all  particulars,  unless  where  1  shall  have  commanded  to 
the  contrary.     And  whereas,  by  virtue  of  the  regulation  issued  by 
the  said  Don  Alexandro  O'Reilly,  and  since  confirmed  by  my  royal 
cedula  of  July  21st,  1776,  you  have  a  right  to  {oseompeten)  the  facul- 
ties  of  intendant  of  the  said  province,  you  are  to  manage  the  affairs 
of  my  royal  hacienda  there,  in  conformity  with  the  said  regulation, 
and  as  your  aforesaid  predecessor  managed  them;  it  being  likewise 
your  duty  to  devote  yourself  with  the  utmost  zeal,  purity  and  disin- 
terestedness, to  the  defence  and  security  of  that  province,  and  to  the 
preservation  of  the  most  exact  discipline,  among  the  troops  garrison- 
log  it,  as  also  to  the  extinction  of  unlawful  commerce,  and  the 
punctual  observance  of  my  royal  orders.    I  also  command  the  said 
oouncil,  justices  and  magistracy  of  the  said  city  of  New-Orleaus,  and 
all  other  ministers,  sojourners  and  inhabitants  thereof,  and  of  the  pro- 
vince of  Louisiana,  that  as  soon  as  required  by  this  my  royal  patent, 
they  receive  you  as  political  and  military  governor  of  the  said  pro- 
vince and  city,  for  the  whole  period  above  expressed,  during  which  it 


r 


'a:.':!  11-:' 


t,;4iJJ'k--'-'-W'' 


^-,,ag^l^M,iyjMUU»^^  '"'• ' 


r 


ffiS*!fefe«'»]J»Wi.l|!llJ>.'il".*Ul'J  3m>' 


APPENDIX. 


245 


is  my  pleasure  that  you  should  exercise  that  office,  giving  and  securing 
to  you,  as  well  as  to  the  deputies  {tenientes)  whom  you  have  appoint- 
ed, or  may  appoint,  all  the  honors,  favors,  rights,  privileges  and  im- 
munities  without  exception,   which   correspond   to   the   respective 
stations,  the  said  deputies,  and  others  of  the  said  province,  com- 
mandants, officers,  and  soldiers,  considering  you  as  such  military  and 
political  governor,  and  obeying  all  ordere  which  you  may  give  them, 
for  my  royal  service,  verbally,  or  in  writing.     And  the  accountant 
and  treasurer  of  the  said  province  is  to  give  and  to  pay  to  you  the 
sum  of  six  thousand  dollars,  being  the  annual  salary  assigned  to  that 
office,  from  the  day  in  which  it  is  proved  that  you  have  entered  into 
it,  to  the  expiration  of  the  said  term  of  five  years,  more  or  less, 
according  to  my  pleasure,  out  of  any  funds  which  are,  or  may  enter 
into  my  royal  hacienda,  on  due  presentation  of  this  patent,  and  of 
your  receipt,  without  any  other  formality  ;  which  sum  shall  be  put 
down  to  your  account,  for  your  satifaction ;  it  being  understood, 
however,  that  as  security  for  your  administration,  according  to  the 
form  established  by  the  said  Don  Alexandro  O'Reilly,  a  fifth  part  of 
your  said  salary  is  to  be  retained  in  the  royal  treasury,  in  each  of  the 
said  five  years,  the  sum  assigned  as  duty  of  media  anata,  for  the  said 
salary,  being  also  secured  thereon,  by  the  commissary  and  accountant 
of  said  duty,  according  to  the  terms  of  the  royal  cedula,  of  the  24th 
of  May,  1778,  together  with  the  18  per  cent,  additional,  for  convey, 
ing  the  whole  to  these  kingdoms,  as  set  forth  in  the  regulations  of 
the  tariff,  and  various  others  on  the  subject.     And  note  shall  be 
taken  of  this  patent,  in  the  offices  of  the  accountants-general  of  dis. 
tribution  of  my  royal  hacienda,  and  of  my  council  of  the  Indies,  with- 
in two  months  from  the  date  thereof,  otherwise  it  shall  become  void : 
note  shall  also  be  taken  of  the  same,  by  the  afore-mentioned  account- 
ant and  treasurer  of  New-Orleans. 

Given  at  Aranjuez,  on  the  8th  of  May,  1779. 


VII. 
Dispatch  of  the  Marquis  de  Orimaldi  to  Don  Louis  Umaga. 

Saint  Ildkfonso,  August  24,  1770. 
Likutbnant-Gbneral  Don  Alexandro  O'Reilly,  in  his  letter  No. 
33,  from  this  city,  dated  March  1,  sent  me  copies  of  the  instructions 


246 


APPENDIX. 


which  he  had  drawn  up,  for  the  lieutenant-governor  established  in 
the  Illinois  and  at  Natchitoches,  and  the  new  special  (particulares) 
lieutenants  of  the  districts  (partidos)  of  that  province.     He  informed 
me,  that  he  had  himself  been  to  Point  Coupc^,  and,  at  the  request  of 
the  inhabitants,  had  appointed  a  surveyor  for  each  partido,  at  half  the 
former  salary.     He  also  enclosed  to  me  an  instruction  explaining 
the  forms  to  be  observed  in  this  business,  and  declaring  that  the 
granting  of  land  in  that  province  had  been  confided  by  his  Christian 
majesty  to  the  governor  and  comisario  ordenator  ;  and  he  considered 
it  would  be  better  in  future  that  the  governor  alone  should  be  author- 
ized by  his  majesty  to  make  those  grants ;  and  that  orders  would  be 
given  for  conforming  entirely  with  the  said  instructions,  which  had 
been  drawn  up  and  printed,  in  the  distribution  of  the  royal  lands. 

The  king  having  examined  these  dispositions  and  propositions  of 
the  lieutenant  general,  approves  them,  and  also  that  it  should  be  you 
and  your  successors  in  that  government  only,  who  are  to  have  the 
right  to  distribute  {repartir)  the  royal  lands,  conforming  in  all  points, 
as  long  as  his  majesty  does  not  otherwise  dispose,  to  the  said  instruo- 
tions,  the  date  of  which  is  February  18th,  of  the  present  year. 

I  communicate  this  lo  you,  in  order  that  you  may  understand  and 
carry  it  into  effect.    God  preserve  you  many  years. 
Given  %t  Saint  Udefonso,  August  24, 1770. 

(Signed)        Marquib  dk  Grimaldi. 


VIII. 
Itoyal  Order  to  Don  Pedro  Garcia,  Mayoral. 

The  Pardo,  January  28,  1771. 
By  decree  of  May  2d,  1705, 1  communicated  to  my  council  that  I 
had  appointed  Captain  Don  Antonio  de  Ulloa,  of  my  royal  navy,  to 
proceed  to  the  province  of  Louisiana,  which  had  been  ceded  by  my 
cousin,  the  most  Christian  king,  and  take  possession  thereof,  as  gover- 
nor,  by  virtue  of  warrants  and  instructions ;  making,  however,  for 
the  time,  no  innovation  in  its  system  of  government,  which  is  to  be 
entirely  independent  of  the  laws  and  practices  observed  in  my  Ameri- 
can  dominions ;  but  considering  it  is  a  distinct  colony,  having  even 
no  commerce  with  the  said  dominions,  and  under  the  control  of  its 
own  administration,  council  and  other  tribunals  ;  its  direction  and 


ig^<at-lJa.'fa«fe^'aw!w.r^-'AMit 


APPENDIX. 


247 


established  in 
(partlculares) 

He  informed 
the  request  of 
do,  at  half  the 
on  explaining 
iring  that  the 
f  his  Christian 

he  considered 
>uld  be  author- 
ders  would  be 
>ns,  which  had 
oyal  lands, 
propositions  of 
should  be  you 
•e  to  have  the 
g  in  all  points, 
he  said  instruc- 
snt  year, 
inderstand  and 


>E  Grimaldi. 


ral. 

try  28,  1771. 
y  council  that  I 
■  royal  navy,  to 
sn  ceded  by  my 
hereof,  as  gover- 
ig,  however,  for 
;,  which  is  to  be 
id  in  my  Ameri- 
ly,  having  even 
le  control  of  its 
,s  direction  and 


the  correspondence  with  it  being  reserved  to  the  minister  of  state,  as 
far  as  regards  the  situation  of  the  country,  and  the  laws  and  customs 
with  which  its  inhabitants  are  to  remain  conforming.     But  those  in- 
habitants having  rebelled,  on  the  25th,  1708,  /  commissioned  Bon 
Alexandra   O'Reilly,  lieutenant-general  of  the  army,  and  inspector- 
general  of  all  my  infantry,  to  proceed  thither,  take  formal  possession, 
chastise  the  ringleaders,  and  {informing  me  of  all)  establish  the  said 
government,  uniting  the  province  to  the  rest  of  my  dominions  ;  all  of 
which  he  did,  adapting  its  laws,  and  after  proposing  to  me  that  which 
he  judged  proper  for  the  commerce  of  the  country,  and  for  the  extinction 
of  the  council  by  which  it  is  governed,  establishing  a  cabildo  in  the 
place  of  said  council,  and  taking  other  measures,  as  will  be  seen  from 
the  statements  hereunto  annexed; — all  of  which  were  approved  by  me, 
as  likewise  the  appointment  of  Colonel  Don  Louis  de  Umagay  Ame- 
zaga,  as  political  and  military  governor,  with  a  salary  of  six  thousand 
dollars,  free  from  the  duty  of  media  anata,  and  of  two  royal  officers, 
to  take  charge  of  the  administration  of  my  hacienda,  to  wit :  Don 
Antonio  Jose  de  Aguier,  as  comptroller,  {contador,)  with  a  salary  of 
1600  dollars  per  annum ;  and  Don  Martin  Navarro,  as  treasurer 
with  1,200  dollars  per  annum;  and  of  three  officers  at  salaries  of 
500,  400,  and  360  dollars  respectively.     I  have  resolved,  that  all 
which  has  been  established  as  above,  should  remain  and  continue 
fixru ;  the  said  province  being,  as  to  its  spiritual  concerns,  annexed 
t'  ■  the  bishopric  of  Havana,  and  governed  according  to  the  laws  of 
ihe  Indies,  and  the  regulations  provided  in  them,  and  by  special  orders 
K»r  my  American  dominions,  by  the  ministry  of  the  Indies  and  the 
council,  as  being  incorporated  with  those  of  my  kingdom  ;  and  also 
that  it  depend  upon  the  captain-generalcy  and  administration  of  the 
royal  hacienda  of  Havana,  just  as  the  government  of  Cuba  does ;  for 
which  purpose  I  approved  the  formation  of  a  tribunal  composed  of  the 
captain-general  as  president,  and  the  auditors  of  war  and  marine  ;  the 
attorney  (Jlscal)  of  the  royal  hacienda  acting  as  attorney,  and  the 
clerk  {escribano)  of  the  government  as  clerk  ;  to  which  tribunal  these, 
my  vassals,  can  appeal,  and  from  it  to  the  council,  without  being 
obliged  to  apply  to  the  more  distant  audiencia  of  Santo  Domingo. 
This  shall  be  understood  in  the  council,  and  in  the  chamber  for  its 
observance ;  and  the  cedulas  shall  be  issued,  and  measures  provided 
for  carrying  into  effect  what  has  been  determined  ;  I  being  consulted 
on  all  doubts,  and  on  all  amendments  which  may  offer. 
*    Given  at  the  Pardo,  on  the  28th  day  of  January,  1771. 


ii>aa^»Mii-MtwJWi^->i^^^..u- 


248 


APPENDIX 


IX. 


[Report  to  the  King,  on  Don  A.  G'Reillif's  Statements. 

GovNCiL  AND  Chamber  of  the  Indies,  February  21th,  1772. 

Your  majesty  communicated  that  you  had  appointed  Don  Antonio 
de  UMoa  governor  of  Louisiana,  which  had  been  ceded  by  the  most 
Chriatiun  king;  and  that  in  the  instructions  given  to  him,  he  was 
commanded  to  govern  that  province  independently  of  the  practice 
observed  in  America,  and  under  the  direction  of  the  council  of  state; 
but  that  the  inhabitants,  ungrateful  for  this  distinction,  had  risen  up 
in  rebellion— ;^r  tohich  reason  your  majesty  had  commissioned  Liett' 
tenant- General  Don  Alexander  O'Reilly  to  proceed  thither,  take  for- 
mal possession,  chastise  the  ringleaders,  and  establish  such  a  form  of 
government  as  would  be  most  compatible  with  the  condition  of  tht 
country,  its  climate,  and  the  character  of  its  inhabitants,  * 

Your  majesty  was  pleased  then  to  notify  the  council  of  the  energy, 
promptness,  and  activity,  with  which  Don  Alekander  O'Reilly  had 
executed  these  difficult  charges ;  and  that  the  measures  he  had  taken 
were  all  so  just,  and  so  well  adapted  to  the  right  intentions  of  your 
majesty,  that  they  had  merited  your  entire  approbation ;  and  that  for 
their  being  carried  into  effect,  you  had  commanded  the  proper  cedulas 
to  be  issued,  yourself  being  consulted  on  all  doubts  and  amendments 
which  might  present  themselves. 

The  council,  entering  into  the  spirit  of  the  royal  decree,  has  exam- 
ined with  scrupulous  attention  all  the  dispositions  of  the  said  Don 
Alexander  O'Reilly,  with  all  his  orders,  and  proceedings  in  Louisiana ; 
to  which  effect  it  has  referred  to  all  the  documents  accompanying  the 
said  decree,  viz. :  the  credula,  by  which  his  commission  was  given,  with 
power  to  take  possession  of  said  province,  and  six  statements,  made 
by  him ;  together  with  six  draughts  of  royal  orders,  approving  the 
same — the  whole  drawn  out  at  length. 

O'Reilly  setd  forth  in  hh  ^rst  statement,  that  the  province  of 
Louisiana  cannot  subsist  without  trade,  its  inhabitants  requiring  flour, 
wine,  oil,  arms,  ammunition,  and  all  sorts  of  clothing ;  in  exchange 
for  which,  they  could  give  indigo,  cotton,  skins,  Indian  corn,  rice,  and 
especially  woods,  which  could  be  sold  to  great  advantage  in  Havana, 
if  that  port  were  opened  to  free  trade  with  Spain,  with  the  understand- 


j!..i4JUil^'idcU.-mU.JJ^.UbJ.,..^tMUaJ^^^ 


enta. 

1th,  1772. 

Don  Antonio 
by  the  most 
him,  he  was 
the  practice 
acil  of  state; 
had  risen  up 
'sioned  LieU' 
her,  take  for- 
th a  form  of 
Ution  of  the 

f  the  energy, 
O'Reilly  had 
ie  had  taken 
ions  of  your 
and  that  for 
roper  cedulat 
amendments 

e,  has  exam- 
;he  said  Don 
n  Louisiana ; 
npanying  the 
,s  given,  with 
ments,  made 
pproving  the 

province  of 
quiring  flour, 

in  exchange 
>rn,  rice,  and 
9  in  Havana, 
i  understand- 


APPENDIX. 


249 


ing,  however,  that  the  productions  of  the  province  should  pay  no 
duty  on  entering  Havana  ;  nor  any  alcabala  or  export  duty  be  laid 
on  goods  leaving  that  port  for  Louisiana  ;  that  all  vess^els  belonging 
to  the  colony  should  be  admitted  as  Spanish  into  Havana,  and  nil 
other  ports  of  Spain,  with  the  restriction,  however,  that  no  vessel  be 
admitted  into  New-Orleans,  or  employed  in  transportation,  unless  it 
be  Spanish,  or  belonging  to  the  province;  that  vessels  arriving  from 
Catalonia  with  red  wine,  should  take  away  wood  and  other  articles  to 
Havana,  and  thence  carry  sugar ;  that,  for  just  reasons,  he  had  ex- 
pelled from  Louisiana  the  English  merchants  who  were  established 
there,  and  who  ruined  and  impoverished  the  country  by  their 
monopolies  and  illicit  trade;  for  which  he  hoped  to  receive  your 
majesty's  approbation.  > 

He  merited  such  approbation  in  reality,  as  appears  from  the  royal 
order  accompanying ;  and  the  council  having  heard  the  opinions  of 
the  attorneys  and  comptrollers  general,  declares,  that  the  measures 
set  forth  in  the  said  statement,  by  General  O'Reilly,  are  so  proper 
and  so  well  calculated  to  render  that  province  happy,  that  they  alone 
are  sufficient  to  show  the  profoundness  of  his  comprehension,  the  '^)u- 
blimity  of  his  spirit,  and  the  correctness  of  his  judgment ;  that  t'iere 
is  nothing  which  should  be  altered  in  them  ;  and  in  those  measures, 
it  can  see  the  germ  of  many  improvements,  and  much  that  may  con- 
duce to  the  advantage  and  prosperity  of  the  colony. 

The  council,  however,  considers,  that  it  is  not  proper  to  exempt 
forever  from  duty  goods  transported  from  Louisiana  to  Havana,  but 
only  for  a  time,  and  until  the  motives  for  such  an  extraordinary  favor 
shall  have  ceased.  Your  majesty  is  to  resolve,  also,  whether  they 
shall  pay  the  duty  of  amoxarifazgo  ;  and,  u  pon  the  whole,  it  is  the 
opinion  of  the  council,  that  proper  cedutas  should  be  issued  for 
carrying  into  effect  the  system  of  commerce,  as  proposed  by  the  said 
O'Reilly.  '^ 

General  G'BeiUy,  in  his  tecond  ttatement,  considers  it  necessary  that 
the  said  province  should  be  subject  to  the  same  laws  as  the  other  domin- 
ions in  America;  and  that  all  the  proceedings  should  be  carried  on  in 
the  Spanish  language ;  that  a  new  tribunal  should  be  created,  com- 
posed of  judges  understanding  both  languages,  the  appeals  from 
which  should  not  be  carried  to  the  audiencia  (a  higher  court)  of 
Santo  Domingo,  with  which  the  province  has  but  little  intercourse, 
but  to  Havana,  where  a  tribunal  should  be  established  for  the  pur- 


'■■aaii.'MiWMji'jWit'Baa 


i 


250 


APPENDIX. 


pose,  composed  of  the  governor,  the  auditors  of  war  and  marine,  the 
attorney  of  the  royal  hacienda,  and  the  clerk  of  the  government ;  and 
from  which  they  should  come  to  the  council.  Finally,  that  the 
government  of  Louisiana  should  be  dependent  on  the  captain- 
generalcy  and  ministry  of  the  royal  hacienda  of  Havana. 

Your  majesty  approved  these  dispositions  of  O'lluilly,  and  the 
council,  considering  this  as  an  evi  Jence  of  the  advantages  to  be  de- 
rived, admires  th#  meai^ures  of  the  naid  general,  which  prove  the 
yastness  of  his  genius,  and  that  the  establishment  proposed  by  him 
is  so  fur  worthy  of  being  made,  that  the  necessary  cedulaa  should  be 
isbiied  to  the  ministers  cf  Havana  and  New-Orleans,  regulated  in  all 
poinis  acci'fding  to  you;  prudent  orders,  but  with  the  condition,  that 
the  int^ndants  of  the  royal  hacienda  and  matine  are  to  have  voice  and 
votes  ii.  the  new  Iribunal  to  be  formed  in  Havana. 

O'Reilly,  in  his  third  statement,  declares  that  he  has  chosen  six 
regidores,  or  magistrates  of  New-Orleans,  to  form  a  municipal  coun- 
cil {cabildo),  two  ordinary  alcaldes,  a  syijdic  attorney-general,  and  a 
superintendent  of  public  property  {Mayordomo  de  Propioa)  ;  giving  ' 
the  names  of  these  persons,  and  annexing  two  principal  copies  of 
instructions — the  one  for  the  regulation  of  the  cabildo,  and  the  in- 
struction of  its  members— the  other  for  the  direction  of  the  judges; 
that  in  the  said  cabildo,  he  had  put  Don  Luis  de  Unzaga  in  possession 
of  the  government,  and  had  abolished  and  suppressed  the  old  council ; 
that  he  assigned  more  proper  salaries  to  the  regidores,  clerk,  and 
assessor,  and  made  arrangements  for  building  a  house  of  ayuntamiento 
(meeting  of  the  municipal  body),  by  a  person  to  whom  he  had  ceded 
the  proprietorship  of  the  land  destined  for  the  government  garden; 
and  that  as  funds  for  the  city,  he  had  assigned  certain  duties  on  shops, 
taverns,  gaming  houses,  &c.,  the  arrangements  respecting  which 
were  received  by  the  inhabitants  with  great  satisfaction ;  that  there 
had  been  long  established  in  that  capital,  a  duty,  under  the  denomi- 
nation of  anchorage,  destined  for  the  preservation  of  the  levy  ;  and 
as  repairs  were  constantly  required,  he  had  made  no  innovation  either 
in  the  duty  or  in  its  destination.  Finally,  that  the  appointments  of 
regidores,  clerk,  Asc,  as  well  as  the  assignment  of  funds  for  the  city, 
merit  your  majesty's  approbation  to  their  firm  establishment. 

Your  majesty  has  given  this  approval,  and  the  council  respects  so 
wise  a  resolution ;  admiring  in  O'Reilly  the  energy  with  which  he 
has  proceeded  in  matters  which  were  out  of  his  ordinary  employ- 


APPENDIX. 


251 


marine,  tlie 
nment;  and 
ly,  that  the 
the  captain- 

iy,  and  the 
Tea  to  be  de- 
h  prove  the 
tosed  by  him 
an  should  be 
(ulated  in  all 
mdition,  that 
ive  voice  and 

s  chosen  six 
inicipal  coun- 
eneral,  and  a 
oios) ;  giving  ' 
pal  copies  of 
,  and  the  in- 
f  the  judges; 
in  possession 
J  old  council ; 
>s,  clerk,  and 
ayuntamiento 
he  had  ceded 
nent  garden; 
ties  on  shops, 
ecting  which 
>n ;  that  there 
r  the  denomi- 
he  levy ;  and 
ovation  either 
pointments  of 
s  for  the  city, 
iment. 

1  respects  so 
rith  which  he 
nary  employ- 


ment and  sphere;  in  his  provisions  for  the  civil,  economionl,  and 
political  government,  nothing  has  been  found  requiring  amendment 
or  addition;  moreover,  in  both  undertakings,  there  appears  u  delicate 
knowledge,  and  acute  discernment  of  the  laws  of  both  kingdoms,  as 
well  as  of  the  practical  and  the  forensic  styles  of  our  courts.  The 
council,  therefore,  conceives  that  proper  cedulas  should  be  issued,  for 
the  formal  establishment  of  these  excellent  provisions,  it  being  also 
ordered  that  some  copies  of  the  digests  {Recopilacion)  of  the  laws  of 
the  Indies,  and  of  Castile,  be  sent  to  the  colony,  and  deposited  among 
the  archives  of  the  ayuntamiento,  in  order  that  the  natives  of  the 
country  may  instruct  themselves  in  the  form  of  our  government, 
more  minutely  than  they  can  from  the  manual  drawn  up,  with  such 
discretion,  by  the  said  general,  inasmuch  as  the  latter,  though  very 
clearly  and  methodically  expressed,  is  only  an  abridgment  or  com- 
pendium. 

O'Reilly  declares  in  \i\9  fourth  statement,  that  conformably  with 
your  majesty's  resolution,  he  had  put  Don  Luis  de  Unzaga  in  posses- 
sion of  the  political  and  military  government,  with  a  salary  of 
six  thousand  dollars,  from  which  are  to  be  discounted  one-fifth  as 
security,  to  be  restored  to  him  when  his  term  of  office  expires ;  it  ap- 
pearing proper  that  he  should  be  freed  from  the  duty  of  viedia  anata, 
as  the  office  was  one  of  recent  creation. 

These  dispositions,  also,  merited  your  majesty's  approval ;  and  the 
council  is  of  opinion  that  the  cedula  should  be  made  out ;  conforma- 
bly with  what  is  proposed  by  the  said  general,  who,  in  these,  as 
well  as  in  other  provisions,  has  acted  with  the  most  consummate 
policy. 

With  this^A  statement  he  sent  a  minute  regulation,  in  which  he 
detailed  all  the  expenses  of  your  majesty  in  that  province,  and  which 
were  considered  necessary,  under  present  circumstances,  taking  into 
view  the  commerce,  genius,  character,  climate,  and  the  causes  of  the 
late  difficulties  among  the  colonists  ;  he  showed  that  he  had  reduced 
the  number  of  persons  employed  in  the  comptroller's  office,  and  in 
the  public  store,  without  any  detriment  to  the  prosecution  of  busi- 
ness in  either  office ;  that  eighteen  priests,  understanding  both  French 
and  Spanish,  were  required  for  the  parishes  of  the  country ;  and  that 
supposing  the  spiritual  affairs  to  remain  under  the  direction  of  the 
bishop  of  Havana,  that  prelate  might  direct  some  friars  of  the  com- 
munity of  Saint  Francis,  ut  that  city,  to  learn  the  French  language, 


-msmi^— 


-«fr- 


„^" 


26d 


APPENDIX. 


in  order  that  those  missions  may  at  all  times  be  filled  ;  and  that  if  your 
majesty  approved  the  enclosed  regulation,  130  dollars  a  year  would 
be  saved  of  the  250  with  which  the  colony  was  endowed. 

Vour  majesty  also  approved  all  tlial  had  been  propoeed  and  done  by 
the  taid  general;  and  the  council  consider  i  that  it  justly  merited  the 
royal  approval,  nothing  appearing  among  the  provisions  which  does  not 
conduce  to  the  interests  of  your  majesty, and  the  happiness  of  the  colony. 
It  sees,  by  the  admirable  arrangement  of  pay  and  destination,  which 
he  has  proposed  in  the  military  and  political  classes,  the  treasury 
gains  130  dollars,  which  advantage  is  due  to  the  ^comprehensive  and 
indefatigable  genius  of  the  commissioner. 

The  council  also  is  of  opinion  that  the  commissioners  should  be 
sent,  as  proposed,  and  that  the  proper  cedulas  should  be  sent,  for  both 
purposes,  as  also  for  the  establishment,  as  your  majesty  ordains,  of 
public  schools,  in  which  thejirst  principles  of  the  Christian  doctrine 
may  be  taught  in  the  Spanish  language,  in  order  that  the  use  of  the 
same  may  be  extended.  The  council  hopes  your  majesty  will  have 
sent  to  him  a  copy  of  the  contracts  to  be  made  with  the  director  and 
masters  of  public  schools,  and  the  salaries  to  be  paid  to  the  friars, 
while  studying,  in  order  that  they  be  transmitted  to  the  comptroller- 
general,  to  be  included  in  the  accounts  of  Louisiana. 

In  the  sixth  and  last  statement,  he  informs  your  majesty  that  he  had 
appointed  a  lieutenant-governor  for  the  district  of  Illinois,  Natchi- 
toches, Aic.and  giving  instructions  for  the  purpose  of  putting  an  end 
to  Illicit  commerce, preserving  good  order,  and  maintaining  the  provi- 
sions of  the  supreme  government ;  he  also  encloses  copies  of  tLe  said 
instructions,  adding  that  the  colonists  had  admitted  the  regulations 
with  good  will,  and  they  were  likely  to  secure  their  affections  for  the 
sovereign  under  whose  mild  government  they  lived ;  that  in  order  to 
complete  this,  he  had  gone  himself  into  that  distant  province,  visiting 
each  village,  listening  to  the  colonists,  and  deciding  in  their  disputes 
and  complaints,  without  the  embarrassing  forms  of  forensic  proceed- 
ings ;  that  he  had  caused  the  lands  of  the  inhabitants  to  be  surveyed, 
fixing  the  limits,  and  subjecting  this  distribution  to  the  forms  con- 
tained in  a  paper  accompanying;  that  he  considered  it  prober  that 
grants  of  lands  to  the  colonists  should,  in  future,  be  made  by  the 
governor  alone ;  your  majesty  first  authorizing  him  to  make  these 
grants  ;  and  that  they  should  be  regulated  according  to  a  paper  which 
O'Reilly  caused  to  be  drawn  up,  in  a  meeting  {junta)  called  foe J^t,, 


■^'-5at^i!gjgaiiM^^:4«^^  ' 


nd  that  if  your 
a  year  would 
ed. 

ed  and  don*  by 
tly  merited  the 
which  does  not 
18  of  the  colony. 
tination,  which 
I,  the  treasury 
prehensive  and 

lers  should  be 
i  sent,  for  both 
'ity  ordains,  of 
istian  doctrine 
f  the  use  of  the 
esty  will  have 
le  director  and 
d  to  the  friars, 
le  comptroller- 
sty  that  ho  had 
Uinois,  NatohU 
putting  an  end 
ining  the  provi- 
pies  of  tl.e  said 
the  regulations 
Fectiuns  for  the 
that  in  order  to 
ovince,  visiting 
1  their  disputes 
rensic  proceed- 
bo  be  surveyed, 
the  forms  con- 
d  it  prober  that 
e  made  by  the 
to  make  these 
^o  a  paper  which 
)  called  for  that 


mmmmmm 


APPENDIX. 


253 


purpose,  and  composed  of  the  persons  best  acquainted  with  the  aflairs 
of  the  colony. 

Your  majesty  deigned  to  approve  the  provisions  of  this  last  state- 
ment, as  well  as  those  of  all  the  preceding  ones,  except  the  article 
relating  to  the  punishment  of  adulterers,  which  was  ordered  to  be  led 
in  suspense.  And  the  council  considers,  that  in  a  cumniission  so 
troublesome  and  difficult,  and  which,  from  the  number  of  intricate 
matters  embraced,  met  with  numerous  obstacles,  and  demanded  a 
high  degree  of  method  and  order,  Don  Alexandro  O'Reilly  has  had 
the  good  fortune  to  be  right  in  all  cases,  and  to  arrange  things  with 
so  much  prudence,  that  (provided  his  plans  are  suifjred  to  continue) 
all  will  infallibly  be  conducted  for  the  best  interests  of  both  their 
majesties.  He  has  caused  the  new  power  under  which  the  colonists 
are  placed,  to  be  loved  and  respected  ;  he  has  enforced  justice  and 
the  laws;  has  protected  and  extended  commerce;  has  established 
harmony  and  concord  with  the  neighboring  Indians  ;  has  ordered  and 
placed  troops  at  convenient  positions,  disciplining  them  with  that 
skill  which  is  so  remarkable  even  among  the  many  extraordinary 
qualities  of  this  general  officer ;  nothing  has  escaped  his  comprehen- 
sive penetration.  The  particular  employments  of  persons  destined 
for  the  public  service — utensils  to  be  distributed  to  the  troops — the 
formation  of  various  companies  of  militia,  and  their  duties — and  in  a 
word,  all  that  belongs  to  the  political  and  military  government  of 
that  province,  has  been  disposed  by  this  general  with  so  much  accu- 
racy, prudence,  and  wisdom,  that  the  council  finds  nothing  requiring 
the  slightest  amendment ;  but,  on  the  contrary,  many  things  worthy 
of  its  admiration  and  praise,  which  it  justly  bestows  ;  all  of  which,  it 
appears  to  the  council  proper  that  your  majesty  should  approve,  and 
that  royal  cedulat  should  be  issued  conformably  with  the  representi^ 
tions,  instructions,  and  notices  of  this  commissioner. 

The  chamber  represents  to  your  majesty,  that  at  the  same  time  the 
eedulaa  are  sent,  the  royal  will  be  expressed  to  the  bishop  of  Cuba, 
that  he,  in  exercise  of  his  new  jurisdiction  and  pastoral  ministry, 
promote  all  that  may  conduce  to  the  spiritual  government  and  good 
of  those  parishes,  and  that  he  give  account  of  what  occurs,  as  well  as 
of  what  he  considers  necessary  for  the  improvement. 

Determined  March  23,  1772,  thus:  "* 

.  "  Let  the  above  be  carried  into  effect,  and  the  proper  cedulas  be 
issued  by  the  council,  for  the  confirmation  of  those  establishments,  in 
all  their  points. 


Jij4f,U;t!A'iJ«JS'JVJSR'g 


L 


264 


APPENDIX, 


ORDINANCES  AND  INSTRUCTIONS  OT   DON  ALEXANDER  o'rEILLT, 

Commamler  of  Benfai/an,  of  the  order  of  Alcantara,  Lieutenanl-General  of 
the  armies  of  IIi»  Majesty,  Inspector-General  of  Infantry,  and,  by  commit- 
sion,  Governor  and  CajitaiH' General  of  the  province  of  Louisiana. 

The  prosecutions  which  have  been  liad  in  consequence  of  the  insurrec- 
tion which  has  taken  place  in  this  colony,  having  fully  demonstrated  the 
part  and  iiiliuetft:e  which  the  council  have  taken  in  those  pruceedingsi 
countenancing,  contrary  to  duty,  the  most  criminal  actionn,  when  their 
whole  care  should  have  been  directed  to  maintain  the  people  in  the  fideli- 
ty and  subordination  which  are  due  to  their  sovereign;  for  these  reasons, 
and  with  a  view  to  prevent  evils  of  such  magnitude,  it  is  indispensable  to 
abolish  the  said  council,  and  to  establish  in  their  stead  that  form  of  politi- 
cal government  and  administrationof  justice  prescribed  by  our  wise  laws, 
and  by  which  all  the  states  of  his  majesty  in  America  have  been  main- 
tained in  the  most  perfect  tranquillity,  content,  and  subordination.  For 
these  causes,  in  pursuance  of  the  power  which  our  lord,  the  king  (whom 
God  preserve),  has  been  pleased  to  confide  to  us  by  his  patent,  issued  at 
Aranjuez,  the  16th  of  April,  of  the  present  year,  to  establish  in  the  military 
police,  and  in  the  administration  of  justice  and  of  his  finances  that  form  of 
government,  dependence,  and  subordination,  which  should  accord  with  the 
good  of  his  service  and  the  happiness  of  his  subjects  in  this  colony :  We 
establish,  in  his  royal  name,  a  city  council  or  cabildo,  for  the  administra- 
tion of  justice  and  preservation  of  order  in  this  city,  with  the  number  of 
six  perpetual  regidors,  conformably  to  the  second  law,  title  10,  book  5,  of 
the  Recopdacion  do  las  Indias;  among  whom  shall  be  distributed  the 
ofTices  of  alferes  royal,  alcade  mayor  provincial,  alguazil  mayor,  depository 
general,  and  receiver  of  penas  de  camara,  or  fines  for  the  use  of  the  royal 
treasury ;  these  shall  elect,  on  the  first  day  of  every  year,  two  judges,  who 
shall  bo  styled  alcaldes  ordinary,  a'  syndic  procuradOr  general,  and  a  man- 
ager of  the  rents  and  taxes  of  the  city ;  such  as  the  laws  have  established 
for  good  government  and  the  faithful  administration  of  justice.  And  as 
the  want  of  advocates  in  this  country,  and  the  little  knowledge  which  his 
new  subject  possess  of  the  Spanish  laws,  might  render  a  strict  observance 
of  them  difficult,  and  as  every  abuse  is  contrary  to  the  intentions  of  his 
majesty,  we  have  thought  it  useful,  and  even  neoessaxy  to  form  an  abstract 
or  regulation  drawn  from  the  said  laws,  which  may  serve  for  instruction 
and  elementary  formulary  in  the  administration  of  justice  and  in  the 
economical  government  of  this  city,  until  a  more  general  knowledge  of 
Spanish  language  may  enable  every  one,  by  the  perusal  of  the  aforesaid 
laws,  to  extend  his  information  to  every  point  thereof.    In  consequence 


SEILIT, 

anl-Generdl  of 
nJ,  by  commit- 
sianu. 

f  the  insurreo- 
aonst  rated  the 
a  proceedings! 
isi,  when  their 
e  in  the  fideli- 
these  reasons, 
idispensable  to 
L  form  of  politi- 
our  wise  laws, 
ve  been  main- 
■dination.    For 
le  king  (whom 
itent,  issued  at 
in  the  military 
;es  that  form  of 
iccord  with  the 
s  colony :    We 
[he  administra- 
i  the  number  of 
e  10,  book  5,  of 
distributed  the 
lyor,  depository 
use  of  the  royal 
wo  judges,  who 
ral,  and  a  man- 
lave  established 
ustice.    And  as 
ledge  which  his 
trict  observance 
intentions  of  his 
form,  an  abstract 
e  for  instruction 
ice  and  in  the 
al  knowledge  of 
of  the  aforesaid 
In  consequence 


APPENDIX. 


255 


whereof,  anil  with  the  reserve  of  his  majesty's  good  ploasure,  wo  order  and 
command  tho  justicoi,  cabildo,  and  thoir  ollicers,  to  conform  punctually  to 
what  is  required  by  the  following  articles: 

SXCTION  I. 

Of  the  CahiMo. 

1.  Tho  cabildo,  at  which  tho  governor  shall  preside,  or,  in  his  absence, 
the  ordinary  alcalde,  who  shall  have  tho  first  voice,  shall  assemble  at  the 
city  hotel  on  the  first  day  of  every  year,  and  proceed  to  the  election  of 
ordinary  alcaldes  and  tho  other  officers  above  mentioned ;  it  shall  also  as- 
semble every  Friday,  for  the  purpose  o^deliberating  on  all  that  may  con- 
cern the  public  welfare.  The  syndic  procurator-general  shall  propose  in 
these  assemblies  what' may  appear  to  him  for  the  welfare  of  the  colony. 
One  or  two  regidors  shall  immediately  after  inform  the  governor,  if  he  has 
not  presided,  of  the  resolutions  that  have  been  taken ;  and,  except  in 
pressing  cases  when  the  cabildo  for  very  important  reasons  may  assemble 
at  the  governors  dwelling,  it  shall  not  assemble  in  any  other  place  than 
the  city  hotel ;  under  the  penalty,  to  the  officers  who  compose  it,  of  being 
deprived  of  their  employments. 

2.  In  urgent  cases,  which  cannot  be  deferred  until  the  usual  day  of 
meeting,  the  regidors  may  hold  an  extraordinary  sitting;  they  shall  be 
notified  to  that  etfect  by  one  of  the  door-keepers  of  the  cabildo ;  and  if 
any  one  of  the  members  shall  not  have  been  notified,  the  resolutions  which 
may  have  been  taken  shall,  if  he  shall  challenge  the  same,  be  void ;  as 
also  in  case  the  majority  should  not  have  been  notified,  even  if  those  who 
have  not  been  notified  shall  not  object  thereto.  No  assembly  shall  ever 
be  held  but  by  order  of  the  governor,  and  the  assistants  shall  keep  a  pro- 
found silence  in  respect  to  the  subject  upon  which  the  assembly  may 
have  deliberated. 

3.  The  regidors  shall  have  an  active  voice  in  the  elections,  as  well  as 
the  alcaldes  of  the  preceding  year,  who  shall  remain  in  the  cabildo  until 
the  election  of  their  successors  shall  be  confirmed,  and  they  shall  have 
been  received.  The  alcalde,  however,  who,  in  the  absence  of  the  gover- 
nor, shall  exercise  the  functions  of  president,  shall  not  have  an  active 
voice ;  and  so  soon  as  the  elections  shall  have  been  determined,  the  secre- 
tary of  the  cabildo  shall  give  information  thereof  to  the  governor,  who 
alone  may  decide  on  the  validity  of  the  opposition  made  by  any  member 
to  the  persons  elected  to  the  municipal  offices,  and  confirm  the  alcaldes 
and  other  officers. 

4.  The  office  of  alcalde  should  be  given  to  capable  persons  who  may 
have  the  information  necessary  to  fill  worthily  a  charge  so  important. 
They  shall  have  a  house  in  the  city,  and  shall  reside  therein.    Those  who 


,?!Mt-«tt>^ilJJ^4a.!ta^.^'^^'"T' 


^*  APPENDIX. 

are  employed  in  the  militia  may  be  named  to  those  offices ;  and  they 
may  also  be  given  U.  the  regidors.  vrhose  employments  may  not  be  .ncom- 

n'';r  alclS  Ke  other  elective  offices  of  the  cabildo  cannct  be 
continued  in  their  employments  but  when  all  the  ^e^b^^^^^^hout  excep- 
tTon  shall  have  given  their  vot«s  for  their  continuation.  Withou  this  con- 
dTrn'they  cltt  be  re-elected  until  two  years  after  they  shall  have 
quitted  the  distinguishing  badge  of  their  office.  •  .„v,,,,  ,„  »»,- 

^  6.  Neither  the  officers  of  the  finances,  ^^ose  who  are  indebted  to  the 
said  finances,  the  sureties  of  either  the  one  or  the  other,  those  who  have 
not  attained  Ihe  age  of  twenty-six  years,  nor  the  new  converts  to  our  holy 
faith  can  be  elected  to  the  said  offlces. 

7  The  election  being  confirmed  by  the  Soyemor,a..  Mee^rs^^ 
deUver  tickeU  from  the  escribano  to  the  elected,  notifymg  the-  to  attend 
at  the  hall  of  the  assembly,  in  order  to  take  the  o^'\P]'^'^''^'^^J^^l' 
the  form  ofwhich  will  be  found  annexed  to  this  regulation,  and  to  be  re- 
ceived  and  put  in  possession  of  their  offices.  .n   i  aUaaAl., 

8  The  escribano  of  the  government  will  keep  a  book  entitled  "  Re  olu- 
tions  "in  which  he  shall  record  the  elections  and  decisions  of  the  a  em- 
15  orlary  and  extraordinary ;  and  which  .hall  be  signed  by  all  the 
judges  and  members  who  may  have  assisted  thereat. 

^  9  The  regidors  cannot  give  their  votes  for  the  said  <'«<'«''  '"J^j;;/ 
the  r  father,  son,  brother,  step-father,  son-in-law,  step-son,  or  step-bro  her 
lf"erwi;es,  although  'they  may  be  elected  by  all  those  who  shaU  be 
'irW^neverthe  cabildoshall  deliberate  upon  an  afTairwhichmaV  per- 
Jally  re^d  a  regidor,  or  other  officer  of  the  cabildo,  or  even  any  one  of 
^b-     l^inr  for  other  particular  reasons  which  might  induce  a  sus- 

"ir^rt^rrrl^r^sf:?!  dispatches,which  maybe  ad- 

mey  may  o  alcaldes  should  be  wantmg  at  the  same 

"Twtrev.,  tt..r.gido»  m.,  ».W  i«  .  lKKly,th.y  .Ul  P-."/"- 


"^^^^^^Sv^^v 


^gJIJaW^rifer^^MfeUe^^ 


•air 


I 


T 


» ;  and  they 
)t  be  incom* 

o,  canntt,  be 
thout  excep- 
out  this  con- 
f  shall  have 

lebted  to  the 
le  who  have 
ts  to  our  holy 

keepers  shall 
lem  to  attend 
ibed  by  law ; 
and  to  be  re- 

,led  "Resolu- 
of  the  assem- 
led  by  all  the 

3es  in  favor  of 
•  step-brother, 
who  shall  be 

'hich  may  per- 
ren  any  one  of 
induce  a  sus- 
all  not  return 

h  may  be  ad- 
athorized  min- 
,11  be  recorded, 
ildo. 

y  alcaldes,  the 
g  the  time  that 
ho  may  be  de- 
g  at  the  same 
or,  provided  he 
h  that  employ- 
heads  of  those 

r  shall  preserve 
eres  royal  shall 


APPENDIX. 


257 


take  the  first  place;  the  alcalde  mayor  provincial  the  next;  the  alguazil 
mayor,  and  the  other  regidors  according  to  liieir  rank  and  their  seniority- 

14.  Each  regiJor,  according  to  his  rank,  and  by  tuins,  shall  be  charged 
with  the  maintenance  of  the  municipal  ordinances,  and  the  other  dispo- 
sitions of  government  for  the  public  good.  He  shall  attend  to  the  prices 
of  provisions,  e.vacting  the  fines,  and  putting  in  force  the  penalties  incurred 
by  the  delinquents. 

15.  Whenever  there  shall  be  the  question  of  augmenting  the  price  of 
meat,  with  which  this  city  is  abundantly  and  constantly  supplied,  the  ca- 
bildo,  at  a  public  bidding,  shall  adjudge  the  contract  to  him  who  shall 
oblige  himself  to  furnish  it  on  the  best  terras  and  for  the  greatest  advan- 
tage of  the  public. 

16.  The  Ciibildo  shall  have  cognizance  of  appeals  from  sentences  pro- 
nounced either  by  the  governor,  or  by  the  ordinary  alcaldes,  where  the  sum 
does  not  exceed  90,000  maravedis ;  which  must  be  understood  as  extend, 
ing  only  to  causes  wholly  civil,  for  in  criminal  cases  the  appeal  must  be 
made  to  the  superior  tribunal,  which  his  majesty  will  have  the  goodness 
to  appoint,  in  consequence  of  my  representations  to  him  on  that  subject, 

17.  To  legalize  similar  appeals,  the  cabildo  shall  name  two  regidors 
who,  in  quality  of  commissioners,  and  after  having  taken  the  oath,  shall 
decide  on  the  justice  or  injustice  of  the  sentence  from  which  an  appeal  is 
made,  conjointly  with  the  judge  who  may  have  pronounced  the  same. 
The  nomination  shall  be  made  so  soon  as  the  cabildo  shall  be  required 
thereto  by  the  appellant ;  the  form  of  which,  and  of  the  institution  of  the 
said  appeal,  will  be  detailed  in  their  places. 

18.  In  the  first  ordinary  assembly  which  may  be  held  after  that  for  the 
elections  of  each  year,  the  cabildo  shall  name  two  regidors  to  receive  the 
accounts  of  the  mayor-domo  de  proprios  of  the  preceding  year  of  the  sums 
which  he  may  have  received  for  account  of  the  city,  and  of  the  expendi- 
tures by  order  of  the  cabildo  for  the  objects  to  which  those  sums  are  des- 
tined. They  shall  have  those  accounts  rendered  with  the  greatest  exact- 
itude, and  shall  oblige  the  said  mayor-domo  to  deliver  up  immediately  to 
his  successor  the  re.sidue  of  the  said  account;  the  said  regidors  being  re- 
sponsible for  the  total  thereof  when  the  said  accounts  shall  be  settled  by 
one  of  the  principal  officers  of  finance. 

19.  Although  the  application  and  expenditure  of  the  proprios  for  the 
objects  to  which  they  are  destined  belongs  to  the  cabildo,  it  cannot,  even 
in  extraordinary  cases,  dispose  of  more  than  3,000  maravedis  thereof;  and 
when  a  greater  expenditure  may  be  necessary,  the  consent  of  the  governor 
must  be  previously  obtained,  without  which  the  said  cabildo  cannot  assign 
either  salary  or  allowance  upon  any  occasion  whatsoever. 

20.  The  electors  in  the  two  jurisdictions  being  responsible  for  the  injury 
and  detriment  which  the  public  may  sustain  by  the  bad  conduct  and  in- 

17 


yA^jm.-^. 


~'-T-'-\"-i'--''^.-'*  * 


•meii  liMHiWii'i^' >  JliMtW 


258 


APPENDIX. 


inations  during  the  time  they  ^y  ^^/^^J:   ;2tdTn  that  respect. 

aoonsible  for  the  consequences  which  ma>  resuio 
neglect  of  exacUag  those  securities  f..m  the  go^ 

...igning  them,  by  which  lh.y  «'",^' 'f"''™' :^„„  ,„  ,h,  iiret 

™E'5rh:^tr^^»w..htj;»^;;^t;t;r^^^^ 
■s;r:j^cr.i::urt^^;r.rr;sae.«h.».y 

said  assignment,  as  liKewise  uiu  au  , ,  '-ijuer  of  these  precau- 

assignor  shall  have  survived ^^-.T^/^t twoffi^^^^^^^^^       '^'^^  ^ 
tions  be  taken  the  assignor  f  ^"J°^^;'  f^^^^^^^^^^      ,„'d  neither  he  nor 

^T,  m  Lt'  assignments  shall  not  be  valid,  unless  made  in  favor  of 
pe^rkno"^  t^  Wpable,  of  the  age  of  twenty-six  years,  aud  posse^ 

The  said  assignments  shall  be  carefully  executed  and  preserved  Dy    p 
lie  notary  of  the  place  at  which  they  may  be  made.  ^ 


l#l|W»ll««fclMiri'i 


APPENDIX. 


259 


the  manage- 
ts  in  the  elec- 
God,  the  king; 
t,  their  choice 
)8t  suitable  for 
n  for  the  kingi 

I.  K 

rem  the  gover- 
itsurety,  anda 
:ies  and  exam- 
lents;  and  that 
\  that  respect, 
ildo,  who  is  re- 
,a  omissioa  or 

may  be  sold ; 
nner  prescribed 
lis  favor,  and  in 
y  the  facility  of 
ferred  from  one 
ury,  for  the  first 
ay  be  rated,  and 
lereof,  exclusive 
ny  deduction  in 
Icaldes  who  may 

lurvive  the  same 
(of;  and  the  as- 
iventy  days  from 
ibstantiating  the 
nty  days  that  the 
of  these  precau- 
B,  which  shall  be 
lid  neither  he  nor 
ch  the  same  may 

made  in  favor  of 
years,  aud  posses- 
on  good  of  the  re- 
jury  which  would 
ese  qualifications, 
reserved  by  a  pub- 


Section  II. 
0/ the  Ordinary  Alcdlda. 

1.  The  ordinary  alcaldes  shall  have  cognizance  of  all  matters  in  dispute, 
either  civil  or  criminal,  betwein  inhabitants  residing  within  their  jurisdic- 
tion, whi  h  shall  ext«nd  throughout  the  city  and  the  dependencies  there- 
of, excepting  those  which  may  come  within  the  cognizance  of  the  eccle- 
siastical, military,  or  other  special  court. 

2.  The  ordinary  alcaldes  cannot  interfere  in  aflfairs  of  government,  which 
come  exclusively  within  the  jurisdiction  and  competency  of  the  governor. 

3.  In  all  matters  on  which  the  cabildo  may  deliberate,  the  ordinary 
alcaldes,  who  may  assist  thereat,  shall,  during  their  year  of  office,  have  an 
equal  vote  with  the  regidors. 

4.  The  alcaldes  shall  appear  in  public  with  decency  and  modesty,  bear- 
ing the  wand  of  royal  justice — a  badge  provided  by  law  to  distinguish  the 
juidges.  When  administering  justice  they  shall  hear  mildly  those  who 
may  present  themselves,  and  shall  fix  the  hour  and  the  place  of  the  audi- 
ence, which  should  be  at  10  o'clock  in  the  morning,  at  the  city  hotel ;  and 
for  the  decision  of  verbal  causes,  in  the  evening  between  7  and  8  o'clock, 
at  their  own  dwellings,  and  in  none  other. 

6.  One  of  the  principal  objects  of  justice  being  to  prevent,  effectually, 
those  disorders  which  take  place  during  the  night,  one  of  the  alcaldes,  as- 
sisted by  his  alguazils  and  the  escribano,  should  go  the  rounds  of  the  city; 
and,  in  case  a  greater  force  should  be  necessary,  they  piay  not  only  de- 
mand it  from  those  persons  who  may  be  present)  but  also  from  the  corps- 
de-garde  nearest  thereto. 

6.  It  is  also  the  duty  of  the  ordinary  alcaides  to  keep  a  watchful  eye 
upon  fornification,  and  to  punish  the  same,  and  all  other  public  oflences, 
conformably  to  the  laws:  of  which  a  sufficient  detail  will  be  given  herein. 

7.  The  alcaldes  may  hear  and  decide  verbally  in  civil  cases,  when  the 
demand  shall  not  exceed  twenty  dollars,  as  also  in  criminal  causes  of  little 
importance.  They  may  also  hear  and  decide  verbally  those  which  may 
exceed  that  sum,  in  case  the  parties  interested  shall  consent  thereto. 

8.  Causes  legally  brought  before  one  of  the  judges  shall  be  continued 
and  determined  in  his  tribunal,  and  neither  the  governor  nor  any  other 
shall  deprive  him  of  the  cognizance  thereof.  Tho  governor,  however, 
being  required  thereto  by  the  parties,  nay,  by  an  order  in  writing,  and 
suitable  to  the  case,  require  and  summon  the  alcalde  to  render  speedy 
justice,  conformably  to  law. 

9.  In  cases  of  controversy,  with  respect  to  jurisdiction,  between  the 
governor  and  one  of  the  alcaldes,  or  between  these  last,  where  one  of  them 
may  claim  the  cognizance  of  a  cause  instituted  with  the  other,  either  by 
reason  of  the  said  cause  having  been  also  instituted  in  his  tribunal,  or  his 


/:^mf^ 


-i-**^ 


.1 1' ' 


<  APPENDIX. 

supposing  the  same  exclusively  within  his  jurisdiction,  they  ^^^^^^"^ 
^^TprLverbal  of  the  said  controversy,  in  which  they  «hal  set  for^h 
lir  pretensions  in  a  grave  and  judiciary  style,  ^he  case  shall  r^^^^^^^ 
in  suspense  until  the  decision  of  the  superior,  whom  »hey  sh^U Je  l^^^^^^^^^ 
to  consult  and  to  whom  they  shall  deliver  an  exact  copy  f^he  proceed 
ngs  unle.  one  of  the  judges  may  give  way  tothe  da.m  of  the  oth^^^^^^^^^^ 
thereby  Put  an  end  to  the  said  controversy.  If,  however,  n  the  mterval 
of  the  Lotion,  one  of  the  judges  should  proceed  in,  or  take  the  last  cog- 
nLance  of  2  aforesaid  Luse,  he  shall  forfeit  his  claim  to  the  same, 
which  shall  be  immediately  vested  in  the  other.  ,,„„>,„ 

0  If  one  of  the  parties  pleading  shall  e^^^P*  ^g^^^f  ^f  "^'^f «  ^J" 
may  have  already  Lken  cognizance  of  a  cause,  he  shall  "ot  «— «  *  J« 
Tme  but  in  conjunction  with  the  other;  and,  if  this  last  should  also  be 
evTepted  a-ains^,  he  shall  associate  himself  with  a  reg.dor,  who  shall 
tie  an  oatl  to  do  his  duty  impartially,  and  U>  terminate  the,  cause 
accordi.-tl  law,  and  as  speedily  as  possible.    Whatever  may  be  done 
bvTl^    dcalde  alone,  after  L  may  have  been  excepted  agamst,  shall  be 
yoid  and  have  no  effect.    The  oath  taken  by  the  party  o  the  wntten  a  t 
of  exception,  that  he  is  mistrustful  of  the  alcalde,  shall  be  «"ffic  ent  to 
render  the  same  valid;  but,  if  the  party  shall  purpose  to  exclude  h»a 
en    ely  from  the  cause  besides  the  aforesaid  oath,  he  shall  -ke  ^"own 
and  substantiate  the  ground  on  which  he  reUes  ^^  *«  l^J^^^'eeTo 
tensions.     If  the  judge  should  be  ^f^ed,  even  m  he  fourth  degree,  to 

-   the  adverse  party,  or  in  such  habits  of  friendship  with  h.m  as  to  excite  a 
picionof  partiality,  or  prepossessed  against  the  e-eP'°V-J  these 
cases  he  shall  h%  excluded  from  the  hearing  of  the  cause  in  controversy, 
which  shall  be  committed  to  the  other  alcalde. 

1  Two  referees  appointed,  one  by  the  alcalde,  and  the  other  by  the 
excepU.r,  after  being  sworn  to  execute  their  office  7"^-"^'  f  f  ^f  ^^^ 
mine  whether  the  case  be  of  the  nature  before  meiitioned  5  ^nd.  rf  o^  the 
said  nature,  they  shall  exact  the  entire  exclusion  of  the  alcalde  therefrom 
and  i  a  d  fference  should  arise  between  the  referees,  a  third  named  by 
"e  judge,  shall  -lecide  therein;  which  decision  shall  be  indispensably 

"f  he  diversity  of  cases  not  permitting  a  special  detail  of  the  forms  of 
preceding  therein,  the  alcaldes  shall  be  guided  by  the  formulary  hereunto 
amiexed;  and  shall  consult  with  the  counselor,  to  be  appomted  for  tha 
rurpose.upon  all  doubtful  cases  which  may  occur  m  their  practice,  or 
whfch  may  not  be  provided  for  by  the  said  formulary ;  and  shal  approach 
Is  nearTyL  possibb.  to  the  spirit  of  our  laws  for  the  administration  of 

^"ta'Vhe  ordinary  alcaldes,  accompanied  by  the  alguazil  mayor,  and 
the  escribano,  shall,  every  Friday,  make  the  visitation  o  the  PJ-  Thej 
shall  examine  the  prisoners,  the  causes  of  their  detention,  and  the  time 


mm^'^^^^w^ 


■  -igi^^^mmiSi^^^ii^^!^ 


~~r 


NOT 


ey  shall  draw 
ihall  set  forth 
shall  remain 
lall  be  boand 
f  the  proceed*? 
the  other,  and 

I  the  interval 
e  the  last  cog- 
i  to  the  same, 

le  alcalde  who 
)t  continue  the 
should  also  be 
dor,  who  shall 
ate  the,  cause 
•  may  be  done 
gainst,  shall  be 
the  written  act 
)e  sufficient  to 
o  exclude  him 

II  make  known 
iport  of  his  pre- 
mrth  degree,  to 
n  as  to  excite  a 
tor,  in  all  these 

in  controversy, 

lie  other  by  the 
ally,  shall  deter- 
I ;  and,  if  of  the 
jalde  therefrom ; 
third,  named  by 
e  indispensably 

il  of  the  forms  of 
mulary  hereunto 
ppointed  for  that 
[heir  practice,  or 
d  shall  approach, 
administration  of 

lazil  mayor,  and 
the  prison.  They 
ion,  and  the  time 


imfi^ 


APPENDIX. 


261 


oT  their  imprisonment.  They  shall  release  the  poor  who  may  be  defamed 
for  their  expenses,  or  for  small  debts;  and  the  jailer  shall  not  exact  from 
them  any  release  fee.  The  alcaldes  may  not  set  at  liberty  any  of  the 
prisoners  detained  by  order  of  the  governor,  or  of  any  other  judge,  without 

their  express  consent. 

14.  They  cannot  release  those  who  are  imprisoned  for  debts  due  to  the 
domain ;  nor  for  fines  imposed  by  law,  unless  the  sum  due  shall  be  previ- 
ously deposited. 

15.  The  governor,  with  the  alcaldes,  the  alguazil  mayor,  and  the  escn- 
bano,  shall,  yearly,  on  the  eves  of  Christmas,  Easter,  and  Pentecost,  make 
a  general  visitation  of  the  prisons,  in  the  manner  prescribed  by  the  laws 
of  the  Indies.  They  shall  release  those  who  have  been  arrested  for 
criminal  causes  of  little  importance,  or  for  debts,  when  the  debtors  are 
known  to  be  insolvent ;  and  shall  allow  them  a  sufficient  term  for  the  pay- 
ment of  their  creditors. 

Section  III. 
Of  the  Alcalde  Mayor  Provincial. 

.  1.  The  regidor  alwlde  mayor  provincial  shall  bear  the  rod  of  justice,  and 
shall  have  cognizance  of  crimes  committed  in  the  inhabited  places  with- 
out  the  cities  and  villages.  Thefts,  robberies,  carrying  away  of  property 
by  force,  rapes,  as  also  treason,  assaults,  accompanied  by  wounds,  or  fol- 
lowed by  death,  setting  fire  to  or  burning  down  houses  or  crops,  and  other 
crimes  of  this  nature,  shall  be  within  the  competency  of  the  said  alcalde 
mayor  provincial. 

2.  He  may  also  take  cognizance  of  t^  aforesaid  crimes,  although  com. 
mitted  in  cities,  when  the  offenders  hM  quitted  the  same,  and  have  with- 
drawn  to  the  country  with  their  plunder;  as  also  of  murders  or  assaults 
committed  on  officers  while  in  the  exercise  of  their  duties,  or  in  the  inter- 
Tal  thereof,  if  the  same  are  the  effect  of  malice.  If,  however,  the  gover- 
nor,  or  one  of  the  ordinary  judges  of  the  city,  shall  have  previously  taken 
cognizance  thereof,  the  alcalde  mayor  provincial  shall  not  interfere  there- 
in,  by  reason  that  the  jurisdiction  of  the  same  is  vested  in  the  ordmary 
alcalde.  The  judge,  however,  who  shall  have  apprehended  the  offender, 
shall  have  the  preference  therein,  even  if  the  others  should  have  preceded 

him. 

3.  Whenever  it  shall  be  known  Ihat  the  crime  does  not  concem  the 
tribunal  of  the  Saint  Hermandad,  the  alcalde  mayor  provincial  shall  refer 
the  cognizance  of  the  same  to  one  of  the  ordinary  alcaldes,  without  wait- 
ing until  he  may  be  required  thereto. 

4.  The  alcalde  mayor  provincial  shall  see  that  travelers  are  furnished 


^ 


262 


APPENDIX. 


vrith  provisions  at  reasonable  prices,  as  well  by  the  proprietors  of  plant*, 
tions  as  by  the  inhabitanU  of  the  places  through  which  they  may  pass. 

5.  The  principal  object  of  the  institution  of  the  tribunal  of  the  Saint 
Hermandad  being  to  repress  disorders,  and  to  prevent  the  robberies  and 
assassinations  committed  in  unfrequented  places  by  vagabonds  and  delin. 
quents,  who  conceal  themselves  in  the  woods,  and  attack  travelers  and 
the  adjacent  inhabitants,  the  alcalde  mayor  provincial  should  assemble  a 
sufficient  number  of  the  commissaries  or  brothers  of  the  St.  Hermandad 
to  clear  his  jurisdiction  of  those  kinds  of  people,  by  pursuing  them  with 
spirit,  seizing  or  putting  them  to  flight. 

6.  For  the  purpose  aforesaid,  and  conformably  to  the  usage  of  the  other 
Indian  provinces  within  the  domain  of  his  majesty,  the  alcaldes  mayores 
provinciales,  their  commissaries,  and  the  brothers  of  the  St.  Hermandad, 
shall  have  the  right  of  arresting,  either  within  or  without  the  city,  all  run- 
away  negroes  and  fugitives,  and  may  exact  a  reasonable  fee  therefor; 
which  right  shall  not  be  vested  in  any  other  person  save  the  master  of  the 
fugitive  slave. 

The  said  fee  is  so  much  the  more  just,  inasmuch  as  the  alcalde  mayor 
provincial,  to  comply  with  his  duty,  must,  at  his  own  expense,  travel 
through  the  unfrequented  places,  for  the  benefit  of  the  inhabitants. 

7.  The  said  officer  shall  render  speedy  justice  in  all  matters  within  his 
competency,  and  from  his  judgment  there  shall  be  m  appeal;  otherwise 
it  would  be  impossible  to  remedy  the  consequences  tMt  would  result  there- 
from. But,;on  the  other  hand,  his  judgments  shall  be  pronounced  in  strict 
conformity  with  the  spirit  of  the  laws,  to  which  end  he  shall  consult  some 
lawyer ;  but,  in  the  interim,  he  shall  be  guided  by  the  instructions  herein 
contained,  which  relate  to  the  administration  of  justice  and  the  forms  of 
proceeding. 

8.  This  office  of  the  Hermandad  being  created  with  a  view  to  prevent 
those  disorders  which  may  be  Admitted  in  unfrequented  places,  the 
alcalde  mayor  should  make  frequent  excursions  from  the  city.  This  duty 
consequently  renders  his  emp'.oyment  incompatible.with  that  of  ordinary 
alcalde,  to  which  he  cannot  be  elected,  unless  he  shall  have  previously 
obtained  permission  of  the  king,  to  commit  a  lieutenant^  appointed  by  him- 
self,  the  duties  of  the  St.  Hermandad. 

9.  The  said  officer,  and  his  lieutenants,  should  take  an  oath,  of  the  form 
annexed  to  this  abridgment;  he  shall  account  to  the  governor  for  the  ap- 
pointments he  may  have  made,  and  shall  notify  him  of  the  judgments  he 
may  have  pronounced,  to  the  end  that  the  same  may  be  put  into  execu- 
tion. Although  this  formality  is  not  prescribed  by  any  law,  yet  it  is 
necessary  for  the  purpose  of  preserving  harmony  and  subordination,  and 
for  the  purpose  of  procuring  assistance. 

10.  In  all  controversies,  with  respect  to  jurisdiction,  which  may  occur 
between  the  tribunal  of  the  St.  Hermandad  and  any  other  tribunal  of  tlH 


•mmimmmmmi'm''i0iKmmmmm 


APPENDIX. 


263 


DT8  of  planta- 

inay  pass. 

of  the  Saint 
'obberies  and 
ids  and  delin. 
ravelers  and 
Id  assemble  a 
.  Hermandad 
ng  them  with 

;e  of  the  other 
ildes  mayores 
..  Hermandad, 
9  city,  all  ran. 
fee  therefor; 
}  master  of  the 

dcalde  mayor 
xpense,  travel 
bitants. 
bers  within  his 
sal;  otherwise 
Id  result  there- 
unced  in  strict 
1  consult  some 
ructions  herein 
id  the  forms  of 

iew  to  prevent 
ed  places,  the 
ity.  This  duty 
lat  of  ordinary 
ive  previously 
ointed  by  him- 

ith,  of  the  form 
rnor  for  the  ap- 
I  judgments  he 
mt  into  execu- 
law,  yet  it  is 
ordination,  and 


■V 


ich  may  occur 
tribunal  of  ih$ 


province,  the  parties  shall  conform  punctually  to  the  instractions  which 
have  been  given  in  the  particular  article,  which  relates  to  the  ordmary 
alcaldes.  The  instructions  which  have  been  jriven  in  relation  to  excep- 
tions  against  judges,  should  also  be  strictly  followed,  as  no  altercation 
•hould  Uke  place  on  that  subject  between  these  officers. 

Section  IV. 
0/the  Algmzit  Mayor. 

1.  The  alguazU  mayor  is  an  officer  charged  with  the  execution  of 
■entences  and  juvlgments  rendered,  as  well  for  payments  ordered,  taking 
possession  of  goods  for  sale,  and  imprisonments,  as  for  the  punishment  of 
crimes.  He  cannot  be  elected  ordinary  alcalde,  unless  he  shall  have  ap- 
pointed a  lieutenant  to  discharge  his  duties,  in  the  manner  prescribed  to 
the  alcalde  mayor  provincial. 

2  Recovery  of  moneys  upon  writs  of  execution,  orders  for  taking  po^ 
session  of  goods,  and  seizures  of  real  property,  shall  be  carefully  executed 
by  the  alguazil  mayor,  he  taking  the  fees  allowed  by  law,  and  fixed  by 
the  tariff  included  in  the  present  regulation. 

3.  The  alguazil  mayor  shall  also  have  the  supe;intendence  of  the 
prisons,  shall  commission  the  jailers  and  keepers  of  prisons,  after  having 
presented  them  to  the  governor,  that  he  may  judge  of  their  capacity  for 
those  offices,  under  the  penalty  of  being  deprived,  for  one  year,  ol  the  right 
of  nominating  the  same ;  which  right  shall,  for  that  term,  be  vested  in  the 
governor.  All  the  jail  fees  which  the  prisoners  may  pay,  shaU  be  for  the 
use  of  the  alguazil  mayor. 

4.  The  said  officer  cannot  appoint  as  lieutenants  any  persons  but  such 
as  are  known  to  be  suiUble  for  those  employments,  who  are  young,  and  do 
not  exercise  any  mechanical  profession  ;  they  shall  be  presented  to  the 
governor,  and  approved  by  him,  and  shall  take  the  oath  required.  The 
alguazil  mayor  cannot  appoint  to  the  said  office  either  the  relations  or 
domestics  of  the  judges  and  officers,  but  he  shall  be  allowed  to  change  the 
said  lieutenants,  when  he  may  have  just  reasons  therefor. 

5.  The  alauazil  mayor  and  his  lieutenants  shall  go  the  rounds,  and  shall 
visit  the  public  places,  both  by  night  and  day,  to  prevent  noises  and  dis- 
putes,  under  the  penalty  of  being  suspended  from  their  offices,  and  pay- 
ment of  the  damages  that  may  result  from  their  negligence.  They  shall 
arrest,  without  other  authority,  the  offenders,  and  shall  give  immediate 
information  thereof  to  the  alcaldes.  They  shall  not  tolerate  unlawful 
games,  nor  public  and  scandalous  offences.  They  are  also  hereby  inform- 
ed  that,  although  they  have  the  power  of  arresting  any  one  without  other 
authority,  they  may  not  release  the  same,  under  the  penalty  of  being  de- 
prived of  their  offices,  and  being  declared  incapable  of  holding  any  other. 


'<', 


■A 


.1 


^ 


-**>-»-l(" 


mmi<^mimmmmmmmmm<immmmmmw^ 


264 


APPENDIX. 


6.  The  al^uazil  mayor  shall  conrorm  strictly  to  the  articles  which  relate 
to  the  prisons,  and  to  the  tariff  which  specifies  tlie  fees  which  are  demand* 
able.  He  shall  also  assist  with  the  judjores  ordinary  at  the  visitations  of 
the  prisoners,  which  shall  be  made  at  the  times  prescribed  by  this  logu- 
lation. 

Section  V. 

Of  the  Depotitory  General. 

The  depository  general,  whose  duties  are  incompatible  with  those  of  a 
judge,  cannot  be  elected  ordinary  alcalde,  unless  he  may  name  a  lieutd* 
ant)  who  may  be  charged  with  the  care  of  tiie  depositee. 

2.  Before  entering  upon  the  said  office,  the  depositary  general  shall  give 
good  and  sufficient  sureties,  who  shall  answer  for  the  safely  of  the  depo- 
sites,  and  who  shall  be  approved  by  the  governor,  the  alcaldes,  and  the 
cabildo.  This  surety  shall  be  recorded  in  the  book  to  be  kept  by  the 
escribano  of  the  cabildo,  for  the  recording  of  the  deposites ;  in  which  he 
shall  inscribe  the  day,  month,  and  year,  of  the  said  sun  ty. 

3.  The  governor,  the  alcaldes,  and  the  cabildo,  shall  carefully  examine 
the  books,  which  exhibit  the  sureties  of  the  depositary  general,  the  state 
of  his  property,  and  that  of  the  said  sureties,  which  shall  be  certified  by 
the  esoribano  of  the  cabildo,  in  order  that  the  same  may  be  verified  the 
succeeding  year,  and  the  necessary  order  taken  thereon. 

4.  If,  by  the  said  examination,  it  shall  be  found  that  the  situation  of  the 
depositary  general,  or  of  his  sureties,  be  such  as  to  excite  apprehension, 
they  shall  prevent  him  from  exercising  the  duties  of  his  office,  until  he 
shall  have  rendered  his  accounts,  and  given  a  better  security. 

5.  The  depositary  general  shall  deliver  on  the  first  order  the  sums  which 
may  have  been  deposited  with  him,  in  the  same  coin  ii>  whi  jh  he  received 
them;  to  which  the  judges,  and  other  officers  competent  thereto,  should 
pay  particular  attention. 

i6.  The  depositary  general  shall  record  the  deposites  in  a  honk  similar  to 
that  of  the  escribano  of  the  cabildo ;  he  shall  receive  for  the  same,  and  for 
deposite  fees,  three  per  cent.,  as  explained  in  the  commission  which  he 
iias  received  for  the  exercise  of  his  office. 

Section  VI. 
Of  the  Receiver  of  Finei, 

1.  The  receiver  of  fines  (whose  duties  are  incompatible  with  those  of 
ordinary  alcaldes)  shall  have  cognizance  of  all  matters  in  relation  thereto, 
as  also  of  those  imposed  by  the  judge ;  of  which  last  he  shall  keep  and 
fender  an  account,  having  for  that  purpose  a  book  similar  to  that  kept  by 


v. 


APPENDIX. 


266 


which  relate 
I  are  demand* 
visitations  of 
by  this  rugu- 


ith  those  of  a 
me  a  lieute^i- 

ral  shall  give 
y  of  the  depc 
aides,  and  the 
3  kept  by  the 

in  which  he 

J 

fully  examine 
eral,  the  state 
)e  certified  by 
)o  verified  the 

ituation  of  the 
apprehension, 
}<Iice,  until  he 

>»'.  sums  which 
h  he  received 
hereto,  should 

)ook  similar  to 
same,  and  for 
iion  which  he 


with  those  of 
lation  thereto, 
hall  keep  and 
)  that  kept  by 


the  escrihano  for  the  same  object ;  in  which  they  shall  be  entered  accord- 
ing to  date. 

2.  For  the  safety  of  the  balance  of  the  account  rendered  by  the  re- 
ceiver of  fines,  he  shall  give  good  and  sufRcient  sureties,  in  the  same 
manner  as  the  depositary  general.  Examination  shall  be  yearly  made 
into  the  situation  of  the  said  sureties,  which  shall  be  changed  if  they  be> 
come  less  substantial. 

3.  To  the  end  that  the  receiver  may  fully  discharge  the  duties  of  his 
office,  and  a  certain  knoweldge  be  acquired  of  the  funds  iti  his  possession, 
the  escribano,  in  whose  presence  the  fines  shall  have  been  paid,  shall  ad- 
vise the  escribano  of  the  cabildo  of  the  same,  who  shall  enter  them  in  a 
book,  the  leaves  of  which  shall  be  marked  by  the  governor.  After  which, 
the  escribano  of  the  calbildo  shall  inform  the  receiver  thereof,  who,  by 
these  means,  will  at  once  perceive  the  amount  of  the  Fums  which  he 
ought  to  receive ;  and  the  book  of  the  cabildo  will  serve  to  make  him 
render  an  account  of  the  sums  which  are  entered  therein. 

4.  The  receiver  of  fines  cannot  employ  the  proceeds  thereof  without  the 
order  or  permission  of  his  majesty,  by  reason  that  the  same  being  the  pro- 
perty of  his  majesty  cannot  be  removed  without  his  approbation.  He 
shall  dispose  of  that  portion  of  them  only  which  have  been  imposed  by  the 
judges  in  conformity  to  the  orders  he  may  receive,  and  not  otherwise. 

5.  The  receiver  shall  discharge,  out  of  the  aforesaid  portion  of  fines,  the 
drafts  which  may  be  drawn  by  the  governor,  the  alcaldes,  and  the  other 
judges,  who  shall  restrain  themselves  to  the  sums  which  may  be  neces- 
sary. 

6.  The  said  receiver  shall  render  a  yearly  account  of  the  sams  he  may 
have  received  and  paid  in  the  execution  of  his  office.  His  account  shall 
be  settled  by  the  officers  of  finance  appointed  thereto  in  this  province. 

7.  He  shall  be  allowed  a  commission  of  ten  per  cent,  on  all  sumi 
which  may  be  recovered  and  received  by  himself,  or  by  those  commis- 
sioned by  him,  for  the  recovery  thereof. 

Section  VII. 
Of  the  Procurator  General 

1 .  The  procurator  general  of  the  republic  is  an  office',  appointed  to  assist 
:  the  public  in  all  their  concerns,  to  defend  them,  pursue  their  rights  and 

obtain  justice,  and  to  pursue  all  other  claims  which  have  relation  to  the 
public  interest. 

2.  In  consequence  thereof,  the  procurator  general,  who  is  appointed 
solely  for  the  public  good,  sh%II  see  that  the  municipal  ordinances  are 
strictly  observed,  and  shall  endeavor  to  prevent  every  matter  or  thing  by 
which  the  said  public  might  suffer. 


•  »^.inji^(i  i|^i    »ijij  .  >iii  ^i^nyyji^ii: 


•.^V'.V 


ii>>w>iiwnij  II,..  i.._ijj|^!^iyyMj|HWfjjin|i>,JHif'» 


mmm 


mmmmm' 


> 


266 


APPENDIX. 


3.  For  these  purposes  he  shall  apply  to  the  tribunals  competent  thereto, 
for  the  recovery  of  debts  and  revenues  due  to  ttie  city  funds,  in  quality  of 
attorney  fur  the  city.  He  shall  pursue  causes  with  the  activity  and  dili- 
gence necessary  to  discharge  him  from  the  responsibility  in  which  ha 
would  be  placed  by  the  slightest  omission. 

4.  He  shall  see  that  the  officers  of  the  council  or  cabildo  discharge 
strictly  the  duties  of  their  offices ;  that  the  depositary  general,  the  receiver 
of  fines,  and  all  those  who  are  to  give  sureties,  shall  give  such  as  are  good 
and  sufficient ;  atid  in  case  of  deterioration  thereof,  he  shall  demand  the 
renewal,  conformably  to  law. 

5.  Ho  shall  be  present  at,  and  shall  interpose  in,  the  direction  of  lands. 
and«ther  public  matters,  to  the  end  that  nothing  unsuitable  or  injurious 
may  occur  in  the  distribution  of  the  same. 

Section  VIII. 
0/the  Mayor-domo  de  Proprio$. 

1 .  The  mayor-domo  de  proprios  shall  have  the  management  of,  and  shall 
receive  all  that  is  comprised  within  the  denomination  of  city  funds;  ho 
■hall  give  receipts  to  debtors,  and  shall  record  all  sums  which  he  may  re- 
ceive, as  also  the  expenditures  he  may  make  for  account  of  the  cabildo, 
in  order  that  he  may  be  able  to  render  his  accounts  so  soon  as  his  year  of 
office  shall  expire. 

2.  He  shall  discharge  the  drafts  of  the  cabildo  upon  the  rents  *of  the 
city,  and  none  other.  He  shall  abstain  from  furnishing  or  lending  any 
sums  to  any  individuals  whatever,  under  the  penalty  ot  being  responsible 
therefor,  and  of  being  declared  incapable  of  holding  any  office  in  the 
colony. 

3.  The  construction  and  keeping  in  repair  of  bridges,  within  and  with- 
out the  city,  shall  not  be  defrayed  out  of  the  city  funds ;  this  expense  shall 
be  borne  by  those  who  shall  enjoy  the  benefit  thereof,  amongst  whom  the 
same  shall  be  proportioned  in  the  manner  pointed  out  by  law. 

4.  Whenever  any  public  work  shall  be  undertaken,  either  by  the  cabil- 
do or  by  individuals,  care  shall  be  taken  that  the  same  be  substantial  and 
durable.  A  regidor  shall  be  named  for  that  purpose,  who,  without  any 
requital,  shall  inspect  the  said  undertaking.  i 

5.  The  expense  of  public  mourning  for  the  royal  family  shall  be  defray- 
ed from  tile  city  funds,  with  all  the  economy  which  the  cabildo  can  adapt 
to  these  circumstances.  "^ 

Section  IX. 

0/ the  Escribano  of  the  Cabildo. 

1.  This  officer  shall  preserve  in  his  archives  all  the  papers  which  may 
concern  the  cabildo,  or  its  proceedings.  He  shall  inscribe  in  a  book  all  the 


APPENDIX. 


267 


petent  thereto, 

H,  in  quality  of 

livily  and  dili- 

in  which  ha 

iliio  discharge 
nl,  the  receiver 
ch  as  are  good 
dl  demand  the 

iction  of  lands  • 
t>le  or  injurious 


mt  of,  and  shall 
city  funds;  he 
ich  he  may  re- 
of  the  cabildo, 
1  as  his  year  of 

le  rents  'of  the 
or  lending  any 
ing  responsible 
f  ofBce  in  the 

ithin  and  with- 

s  expense  shall 

ingst  whom  the 

aw. 

jr  by  the  cabil- 

substantial  and 

10,  without  any 

i 

hall  be  defray- 
)ildo  can  aiiapt 


ers  which  may 
1  a  book  all  the 


•ecuritios  and  depositos  which  have  relation  to  the  depositary  general ; 
and.  in  another  book,  those  which  relate  to  the  receiver  of  fines,  lie  shall, 
also,  keep  a  third  book  for  guardians  and  their  sureties,  ordinary  and  ex' 
traordJnary,  in  which  he  shall  also  record  the  patents  and  commissions 
gra.ited  by  his  majesty,  aud  shall  take  care  to  preserve  the  originals  in  the 
archives  of  the  cabildo. 

2.  The  escribanoof  the  cabildo  shall  never  suffer  any  paper  or  act  to  be 
removed  from  his  archives;  and  if  the  judges  should  be  obliged  to  have 
recourse  to  the  same,  he  shall  furnish  them  a  correct  copy  thereof,  but 
shall  never  part  with  the  ori^rinal. 

3.  The  said  escribano  of  the  cabildo,  and  of  the  government,  shall  note 
at  thefoot  of  all  acts  and  instruments  of  writing,  and  copies  of  the  same 
which  he  may  deliver,the  fees  which  he  has  received  therefor,  under  the 
penalty  of  furfeitini;  the  same,  and  of  incurring  the  other  penaltioi  estab- 
lished,  to  prevent  him  from  exacting  mora  than  is  allowed  by  the  tariff 

4.  The  escribano  of  the  cabildo  and  of  the  government  shall  in- 
scribe, in  a  separate  book,  the  mortgages  upon  all  contracts  which  may 
be  made  before  him  or  any  other ;  he  shall  certify,  at  the  foot  of  each  deed, 
the  charge  of  mortgage  under  which  the  sale  or  the  obligation  may  have 
been  made,  conformably  to  the  intention  of  the  law,  in  order  to  prevent 
the  abuse  and  frauds  which  usually  result  therefrom. 

5.  The  regidors,  the  escribano,  and  all  those  who  may  succeed  to  any 
of  the  venal  ofHces  established  by  the  laws  of  the  Indies,  are  hereby  in- 
formed that  the  royal  ordinances  require,  that  within  the  term  of  five 
years,  computing  from  the  date  of  their  commission,  they  must  obtain  his 
majesty's  confirmation,  and  present  the  same  to  the  governor  of  the  city 
or  province  in  which  they  reside,  under  the  penalty  of  being  deprived  of 
the  said  offices. 

Section  X. 
0/  the  Jailer  and  the  Prisons. 

1.  The  jailer  shall  be  appointed  by  the  alguazil  mayor,  and  approved 
by  the  governor,  before  entering  on  the  duties  of  his  office.  He  shall  also 
be  presented  to  the  cabildo  to  be  received,  and  to  take  an  oath  to  discharge 
faithfully  the  duties  of  the  said  office,  to  guard  the  prisoners,  and  to  observe 
the  laws  and  ordinances  established  in  this  respect,  under  the  penalties 
therein  declared. 

2.  The  said  jailer  must  not  enter  upon  the  duties  of  the  said  office,  until 
he  shall  have  given  good  and  sufficient  sureties  in  the  sum  of  two  hundred 
dollars,  which  sureties  shall  warrant  that  no  prisoner  detained  for  debt 
shall  be  released  without  an  order  from  the  judge  com(>etent.  thereto. 

3.  The  jailer  shall  keep  a  book  in  which  he  shall  inscribe  the  names  of 


268 


APPENDIX 


all  the  prisoners,  that  of  the  ju(!ge  by  whose  order  they  have  been  arrest- 
ed, tho  caiHO  for  which  they  are  detained,  and  the  name  of  those  who  may 
have  arrested  them.  He  shall  reside  in  prison,  and  for  each  considerable 
fault  committed  by  him  he  shall  pay  sixty  dollars,  applicable  one  half  to 
the  royal  chamber,  and  the  other  half  to  the  informer. 

4.  It  is  the  duty  of  the  jailer  to  keep  the  prison  clean  and  healthy,  to 
supply  it  with  water  for  the  use  of  the  prisoners,  to  visit  them  in  the  eve. 
ninff,  to  prevent  them  from  gaming  or  disputing,  to  treat  them  well,  and 
to  avoid  insulting  or  oiTending  them. 

5.  It  is  likewise  the  duty  of  the  jailer  to  take  care  that  tho  female  pri- 
soners are  separate  from  tho  men  ;  that  both  of  them  are  kept  in  their 
respective  apartments,  and  that  they  are  not  worse  treated  than  their 
offence  deserves,  or  than  is  prescribed  by  the  judges. 

6.  With  respect  to  his  fees,  the  said  jailer  shall  confine  himself  strictly 
to  those  which  are  established ;  he  shall  take  none  from  the  poor  under  a 
penalty  of  tho  value  of  the  same.  He  may  not,  without  incurring  the  same 
penalty,  receive  any  gratification  either  in  money  or  goods.  He  shall 
avoid  entirely  either  playing,  eating,  or  forming  any  intimacy  with  the 
prisoners,  under  the  penalty  of  sixty  dollars,  applicable,  one-third  to  the 
royal  chamber,  one-third  to  the  informer,  and  the  remaining  third  to  the 
poor  prisoners. 

Form  of  the  oath  to  he  taken  by  the  governors,  the  alcaldes,  and  the  other  judges, 
when  taking  possession  of  their  ojjices  : 

Don  N.,  elected  governor,  or  alcalde,  &c.,  (according  to  the  employment 
or  office,)  I  swear  before  God,  the  holy  cross,  and  the  evangelists,  to  up- 
hold  and  defend  the  mystery  of  the  immaculate  conception  of  our  lady  the 
Virgin  Mary,  and  the  royal  jurisdiction  to  which  I  am  attached  by  my 
employment.  I  also  swear  to  obey  the  royal  ordinances  and  the  decrees 
of  his  majesty,  faithfully  to  discharge  the  duties  of  my  office,  to  decide 
according  to  law  in  all  cases  which  may  come  before  my  tribunal ;  and 
for  the  more  certain  attainment  thereof,  I  promise  to  consult  with  such  as 
are  well  informed  in  the  law,  whenever  opporthnities  may  occur  in  this 
city ;  and,  lastly,  I  swear  that  I  will  never  exact  other  fees  than  those 
fixed  by  the  tariff,  and  that  I  will  never  take  any  from  the  poor. 
At  Nkw-Orleans,  November  25,  1769. 

Don  Alexander  CReillt. 

Printed  by  order  of  his  excellency  Francois  Xavier  Rodriguez,  esoribano 
of  the  expedition.  ...         ..*  ..-..         -^ 


Y^i4';J?>t^  'S'*''   y'^'^^ 


<mi»- 


B  been  arrest- 
lose  who  may 
I  considerable 
le  one  half  to 

ml  healthy,  to 
sm  in  the  eve. 
letn  well,  and 

ho  female  pri- 
B  kept  in  their 
;ed  than  their 

limself  strictly 
e  poor  under  a 
rring  the  same 
tds.  Ho  shall 
macy  with  the 
le-third  to  the 
ns  third  to  the 


the  oihtr  judges, 

le  employment 
ngelists,  to  up- 
of  our  lady  the 
ttached  by  my 
ind  the  decrees 
ffice,  to  decide 
f  tribunal ;  and 
lit  with  luoh  as 
ly  occur  in  this 
'ees  than  those 
3  poor. 

»ER  O'ReHjLT. 

iguez,  esoribano 


APPENDIX. 


269 


Jnttrtictioni  a>  to  the  rmnnty  of  institutmg  suits,  eivtt  and  cHminnl,  and  of 
prowuncing  judgments  in  general,  in  cou/ormity  to  the  laws  of  the  ^utva 
Recopilacionde  Costilla,  and  the  Recopilacion  de  las  Indian,  for  the  govern- 
ment  of  the  judges  andjmties  pleading,  until  a  more  general  hwu-kdge  of 
the  Spanish  language,  and  more  eitensive  information  vpon  those  laivs  may 
be  acjuired:  digested  and  arranged  by  Doct.  Don  MnnuelJoseph  de  Vrrtit- 
iia,  and  the  counsellor  Don  Felix  Rey,  by  ordtr  of  his  excellency  Don  Alex- 
ander  O'Reilly,  Governor  and  Captain  General  of  this ^irovince,  by  special 
commission  of  his  masj-.ty. 

Section  I. 

Of  Civil  Judgments  in  General. 

1.  It  must,  in  the  first  place,  bo  observed,  that  in  causes  civil  or  criminal, 
of  any  nature  whatsoever,  persons  belonging  to  any  religious  order  may 
neither  appear,  nor  make  any  demand  without  the  permission  of  their 
Buperior.  This  permission  is  equally  necessary  to  the  son,  whose  father 
be  living,  and  whose  consent  must  be  obtained ;  to  the  slave,  who  may  not 
act  without  the  consent  of  his  master;  to  the  minor,  who  must  be  author- 
ized by  his  tutor,  who  may  be  chosen  by  himself  at  the  full  age  of  four- 
teen years,  or  appointed  by  the  judge,  when  of  an  age  less  advanced ;  to 
the  wife,  who  must  obtain  the  permission  of  her  husband ;  and,  lastly,  to 
lunatics'and  idiots,  who  must  be  represented  by  (he  curator  appointed  by 
law  to  take  care  of  their  persons  and  property. 

2.  It  must  also  be  observed,  that  the  consent  of  the  father  is  not  neces- 
sary to  the  son.  when  pleading  in  his  own  name  for  the  recovery  of  pro- 
perty or  rightsacquired  by  his  services  in  war,  which  are  styled  castrcnses^ 
or  by  particular  gratification  from  the  prince;  or  lastly,  of  those  he  may 
have  acquired  by  some  public  employment,  which  are  styled  quasi  cos- 
trenses.  But  in  the  case  where  the  son  shall  demand  a  maintenance  or 
wish  to  be  emancipated,  he  shall  previously  obtain  the  permission  of  the 
judge,  by  reason  of  the  consideration  and  great  respect  ilue  to  a  father,  or 
other  superior.  Tlie  slave  is  also  allowed  ttie  same  course  of  proceeding 
towards  his  master,  if  the  latter,  in  the  exercise  of  his  authority,  shall  ex- 
ceed the  bounds  prescribed  by  law,  in  which  case  the  slave  is  entitled  to 
require  either  his  liberty  or  to  be  sold.  The  wife  may,  also,  without  the 
consent  of  her  husband,  require  her  dowry,  if  he  shall  be  on  the  point  of 
squandering  the  same;  or  an  alimony,  in  the  case  of  separation  or  lU- 

treatment. 

3,  He  who  may  purpose  to  institute  an  action  at  law  for  a  sum  exceed- 
ing one  hundred  livres,  shall  commence  the  same  by  a  petition  setting 
forth  the  fact,  and  the  motives  upon  which  he  proceeds;  he  shall  also 
specify  whether  bis  demand  be  for  the  proceeds  of  some  sale,  for  money 


iiKiriiBir 


%mm.XJ^i*smMnm!f  t-  ^-.^imhi  jt 


.ijiiinfliiMii  Hjiii'.iip  ■ 


■PWwmniiMnm<("n 


r 


270 


APPENDIX. 


lent^  or  other  similar  claim,  with  every  circumstance  necessary  to  the 
elucidation  of  the  case,  and  for  the  information  of  the  judge.  He  shall 
conclude  by  requiring  either  the  return  of  the  money,  if  lent^  or  the  pay- 
ment of  his  demand,  and  the  condemnation  of  the  adverse  party  to  the 
payment  of  costs,  if  he  shall  unjustly  maintain  the  contrary. 

4.  The  said  petition  shall  be  signed  by  the  party  or  by  his  proxy,  and 
shall  then  be  presented  to  the  judge,  who  shall  cause  the  same  to  be  com- 
municated to  the  party  against  whom  the  demand  may  be  made,  which 
proceeding  shall  have  the  validity  of  a  citation.  The  defendant  shall  make 
his  defence  within  nine  days,  computing  from  the  day  on  which  he  may 
have  been  notified  of  the  demand.  He  shall  draw  up  a  counter-declara- 
tion  in  answer  thereto,  which  shall  contain  such  arguments  as  tend  to  de- 
feat the  claim  of  the  adverse  party,  if  the  same  be  not  founded,  and  shall 
make  his  defence  in  the  manner  observed  by  the  plaintiff  in  his  introduc- 
tory petition  (requtte). 

5.  If  the  ilefendant  does  not  answer  within  the  nine  days,  the  plaintiff 
shall  require  judgment  by  default,  by  a  writing  setting  forth  that  the  delay 
has  expired ;  and  moving  that,  no  answer  having  been  made,  the  defend- 
ant be  contlemned  by  default ;  and  that,  consequ  ?ntly,  his  claim  be  re- 
puted acknowledged  and  sufficiently  established. 

6.  If,  on  the  contrary,  the  defendant  shall  answer  within  the  nine  days, 
and  shall  allege  that  he  is  not  bound  to  defend  the  suit  as  to  the  merits 
thereof,  by  reason  that  judgment  in  the  case  is  not  within  the  competency 
of  the  judge  who  has  taken  cognizance  of  the  same,  that  the  plaintiff  can- 
not plead  in  his  own  name,  that  the  term  of  his  engagement  has  not  yet 
expired,  or  other  similar  exceptions,  communication  thereof  shall  be  made 
to  the  plaintiff  that  he  may  reply,  within  sis  days,  thereto.  Upon  his  re- 
plication the  judge  shall  decide  whether  the  cause  shall  be  defended  as 
to  the  merits  thereof;  in  which  case,  without  admitting  an  appeal,  the 
said  cause  shall  be  tried  on  the  merits  thereof. 

7.  But  if  the  defendant,  without  producing  any  similar  exceptions,  shall 
set  forth  pleas  tending  indirectly  to  admit  the  demarfd,  as  by  alleging  that 
the  thing  demanded  has  not  become  due,  that  the  same  has  been  already 
paid,  or  any  other  i/ieas,  supported  by  vouchers,  which  may  be  admitted 
before  the  putting  of  the  cause  at  issue,  the  effect  of  which  pleas  would 
discharse  him  from  the  demand,  the  same  shall  be  communicated  to  the 
plaintiff^  to  reply  thereto;  a  copy  of  which  reply  shall  be  delivered  to  the 
defendant  for  a  rejoinder  to  the  same ;  after  which  the  judge  shall  require 
the  documents,  and  shall  proceed  to  give  judgment. 

8.  If  the  fact  contested  should  be  admitted  to  proof,  as  being  doubtful, 
the  sam3  shall  be  determined  within  eighty  days,  at  furthest ;  during 
which  delay  the  parties  shall  furnish  their  proofs,  and  shall  summon  each 
other  reciprocally  to  attend  to  the  administering  of  the  oath  to  the  wit- 
nesses. 


APPENDIX. 


271 


essary  to  the 
ge.  He  shall 
),  or  the  pay- 
9  party  to  the 

is  proxy,  and 
nae  to  be  com* 
made,  which 
,nt  shall  make 
'hich  he  may 
inter-declara- 
as  tend  to  de- 
Jed,  and  shall 
t  his  introduc- 

,  the  plaintiff 
that  the  delay 
e,  the  defend- 
i  claim  be  re- 

he  nine  days, 
I  to  the  merits 
e  competency 
plaintiff  can- 
nt  has  not  yet 
shall  be  made 
Upon  his  re- 
e  defended  as 
in  appeal,  the 

ceptions,  shall 
r  alleging  that 
I  been  already 
Y  be  admitted 
h  pleas  would 
iiioated  to  the 
divered  to  the 
e  shall  require 

>eing  doubtful, 
thest;  during 
summon  each 
ath  to  the  wit- 


9.  The  testimony  of  the  witnesses  shall  be  so  secretly  given  that  neither 
of  the  parties  shall  have  knowledge  of  the  depositions  of  his  own  wit- 
nesses, nor  those  of  the  adverse  party.  The  term  to  which  the  cause  may 
have  been  continued  having  expired,  one  of  the  parlies  shall  move  that 
by  reason  of  the  said  expiration  the  testimony  of  the  witnesses  be  made 
public.  This  motion  shall  be  communicated  to  the  other  party,  wtio  shall 
consent  thereto,  or  if  he  shall  not  reply  to  the  same,  he  shall  be  condemned 
by  default  iu  the  manner  observed,  when  one  of  the  parties  does  not  reply 
to  the  plea  of  the  other.  Tlie  judge  shall  order  the  publication  of  the  said 
testimony,  and  the  deliverance  thereof  to  the  parties ;  observing  that  the 
same  be  first  deUvered  to  the  plaintiff,  that  he  may,  if  necessary,  strength- 
en the  same. 

10.  The  testimony  being  made  public,  should  the  plaintiff  find  the  wit- 
nesses of  the  defendant  inadmissible,  as  being  either  his  enemies,  or  the 
intimate  friends  or  relations  of  the  defendant,  or  for  other  causes  which 
may  weaken  the  faith  which  would  otherwise  be  due  to  their  testimony, 
he  shall  draw  up  a  declaration  in  which  his  exceptions  shall  be  specified, 
after  taking  an  oath  that  he  has  no  intention  of  offending  ;them ;  which 
oath  shall  be  notified  to  the  defendant,  who  may  in  reply  state  his  excep- 
tions to  the  witnesses  of  the  plaintiff.  The  said  exceptions  shall  then  be 
put  to  the  proof,  and  forty  days  may  be  granted  therefor,  or  one  half  of 
the  term  allowed  for  the  taking  of  the  testimony  in  the  principal  cause. 

11.  When  the  term  allowed  for  the  admission  of  proof  of  the  exceptions 
shall  have  expired,  the  publication  of  the  testimony,  as  in  the  principal 
cause,  shall  not  te  allowed,  but  the  documents  shall  be  delivered  to  the 
plaintiff,  that  he  may  set  forth  his  proof;  and  if  he  shall  establish  that 
the  same  is  more  complete  than  that  of  the  adverse  party,  a  copy  thereof 
shall  be  given  to  the  defendant,  upon  whose  reply,  or  in  default  thereof,  the 
judge  shall  declare  the  controversy  determined.  He  shall  then  order,  that 
the  parties  await  the  final  decision,  which  must  be  given  within  twenty 
days,  computing  from  the  day  on  which  he  may  have  required  the  docu- 
ments in  the  cause.  He  shall  attentively  examine  the  said  documents, 
and  determine  the  suit  by  condemning  the  debtor  to  payment,  or  by  dis- 
charging him  from  the  demand,  according  to  the  merits  of  the  case. 

:  12.  If  judgment  be  given  for  a  sum  not  exceeding  90,000  maravedis,  an 
appeal  to  the  cabildo  may  be  taken  within  five  days,  computing  from  the 
day  on  which  the  parties  may  have  been  notified  of  the  sentence.  If  the 
judgment  given  be  for  a  greater  sum,  an  appeal  shall  lie  to  the  tribunal, 
that  may  be  appointed  by  his  majesty,  in  consequence  of  the  representa- 
tions which  have  been  made  to  him  on  that  subject.    A  brief  explanation 

of  the  manner  in  which  this  recourse  may  be  had,  will  be  given  at  the 

conclusion  of  these  instructions. 

13.  If  no  appeal  shall  be  lodged  within  the  five  days  allowed,  the  party, 

who  may  have  obtained  judgment  in  liis  favor,  shall  draw  up  a  writing, 


■vsummsmmmm 


gjgi)MiM4a*ngi)»i!c^'iu'?-'Aiom>M'jii!t''«-'>iw*''*'''''''"'^>'  u.-ii»'j 


;t 


272 


APPENDIX. 


by  which  he  shall  move,  that  noappeal  having  having  been  takeii  within 
the  legal  delay,  the  judgment  be  considered  definite ;  and  that,  in  pur- 
suance thereof,  execution  be  ordered ;  a  copy  of  which  shall  be  given  to 
the  adverse  party ;  and  on  his  reply,  or  in  default  thereof,  the  judge  shall 
pronounce  both  on  the  validity  of  the  judgment  and  the  expiration  of  the 
delay;  after  which  he  shaU  order  that  the  sentence  take  efiect,  and  be 
put  into  execution. 


Section  II. 
Of  Exectttory  Proceedings. 

1.  When  a  debt  shall  be  fully  established,  and  it  imports  a  confession  of 
judgment,  as  by  an  agreement  or  obligation  made  before  a  notary  ;  by  a 
simple  note,  legally  acknowledged  by  the  drawer;  by  confession  of  judg- 
ment,  although  without  any  written  title  from  the  debtor;  by  a  definite 
sentence  of  the  court,  or  by  the  cash  books  of  the  debtor  acknowledged  by 
himj  in  all  these  cases  the  creditor  shall  draw  up  a  declaration  setting 
forth  his  claim  and  his  action,  annexing  thereto  the  document  which  enti- 
tles him  to  an  order  of  execution,  and  moving  that  by  virtue  of  the  said 
document,  a  writ  of  execution  be  granted  him  for  the  sum  due,  as  also  the 
tenth  and  the  costs  which  may  be  allowed.  He  shall  observe  that  his 
declaration  contains  the  oath  that  the  sum  demanded  is  certain,  due,  and 
ought  to  be  paid  by  the  debtor.  .  .  ,      ,  ,-* 

2.  The  judge  shall  examine  if  the  document  which  entitles  the  creditor 
to  a  recovery  imports  a  confession  of  judgment;  and,  if  such  be  the  case, 
he  shall  order  immediate  execution,  by  addressing  an  order  in  wntmg  to 
the  alguazil  mayor,  directing  him  to  summon  the  debtor  to  pay  the  de- 
mand, or,  in  default  thereof,  his  property  shall  be  seized  to  the  value  of 
the  same,  with  the  tenth  and  the  costs. 

3  By  virtue  of  the  said  order,  the  alguazil  mayor  shall  summon  the 
debtor;  if  he  complies,  the  execution  shall  cease.  •  If  otherwise,  his  pro- 
perty  shall  be  seized  and  held  in  custody  by  the  depositary  general ;  un- 
less he  shall  give  goo  I  and  sufficient  security  for  the  payment  of  the  sum 
in  which  he  is  condemned  by  the  sentence.  But  if  he  shall  not  give  the 
security  aforesaid,  or  if  he  has  not  property  sufficient,  he  shall  be  im- 
prisoned, unless  exempted  therefrom  by  the  privilege  of  nobility,  which 
is  also  enjoyed  by  the  military,  regidors,  officers  of  finance,  women,  law- 
yers, physicians,  and  other  distinguished  persons.  The  alguazil  mayor 
shall  note,  at  the  foot  of  the  writ,  his  proceedings  thereon,  as  also  the  day 
and  the  hour  of  his  executing  the  same. 

4  The  property  being  seized,  the  creditor  shall,  by  another  wntmg, 
move  that  the  same  be  valued  by  two  capable  pe'^sons,  on  whom  the  par- 
ties  may  agree,  and  that  public  notice  be  given  that  the  sale  thereof  will 


!■ 


mmmmi 


APPBNDIX. 


278 


1  taken  within 
id  that,  in  pur- 
all  be  given  tos^ 
he  judge  shall 
;piration  of  the 
I  efiect,  and  be 


a  confession  of 
a  notary  ;  by  a 
fession  of  judg- 
• ;  by  a  definite 
knowledged  by 
aration  setting 
,ent  which  enti- 
rtue  of  the  said 
due,  as  also  the 
jserve  that  his 
jrtain,  due,  and 

ties  the  creditor 
[ch  be  the  case* 
er  in  writing  to 
to  pay  the  de- 
l  to  the  value  of 

lii  summon  the 
lerwise,  his  pro- 
ry  general ;  un- 
nent  of  the  sum 
lall  not  give  the 
le  shall  be  im- 
nobility,  which 
ce,  women,  law- 
alguazil  mayor 
,  as  also  the  day 

another  writing, 
a  whom  the  par- 
sale  thereof  will 


be  made  after  the  usual  delay,  according  to  the  nature  of  the  property. 
The  said  delay  shall  be  of  nine  days'  duration,  for  personal  property, 
with  a  public  notice  every  three  days ;  and  of  thirty  days'  duration,  for 
real  property,  of  which  notice  shall  be  given  every  nine  days ;  but,  if  the 
debtor  shall  consent,  the  said  notices  need  not  be  given. 

5.  The  said  term  being  expired,  and  public  notice  being  given,  the 
creditor  shall  require  that  the  debtor  definitively  summoned  to  make  op- 
positiun,  and  to  prove  that  the  sum  demanded  is  not  due  or  has  already 
been  paid.  In  pursuance  thereof  the  debtor  shall  be  definitively  sum- 
moned, if  he  has  not  previously  opposed,  which  he  might  do,  during  the 
time  of  the  seizure,  or  of  his  detention  in  prison. 

6.  If  the  debtor  shall  not  make  opposition,  within  three  days,  computing 
from  the  day  on  which  he  may  have  been  definitely  summoned,  he  shall 
be  attached  by  default;  but  if  he  shall  make  opposition,  he  shall  be 
ordered  to  prove  his  exceptions  within  ten  days  at  furthest,  which  shall 
be  common  to  both  parlies  to  prove  the  justice  of  their  pretensions  in  the 
manner  which  to  them  may  seem  best. 

7.  During  the  said  delay,  the  proofs  offered  by  the  two  parties  shall  be  re- 
ceived, and  they  shall  cite  each  other  reciprocally  to  attend  at  the  adminis- 
tering of  the  oath  to  the  witnesses,  in  conformity  to  the  provision  of  section 
1,  Nos.  8  and  9,  for  civil  judgments  in  general ;  with  this  difference,  how- 
ever, that  the  said  delay  may  be  prolonged  at  the  request  of  the  creditor, 
in  which  case  the  debtor  shall  enjoy  the  benefit  of  the  said  prolongation. 

8.  The  term  allowed  having  expired,  no  further  proof  shall  be  allowed 
save  the  confession  of  the  party;  and  the  documents  shall  be  returned  to 
the  creditor  that  he  may  set  forth  his  right,  of  which  a  copy  shall  bs  given 
to  the  debtor.  Upon  his  reply,  or  in  default  thereof,  the  judge  shall  re- 
quire the  documents,  and  shall  proceed  to  give  judgment. 

9.  He  shall  examine  with  attention  if  the  exceptions  made  by  the 
debtor  are  just,  and  more  fully  established  than  the  claim  of  the  plaintiff; 
and,  if  such  be  the  case,  he  shall  discharge  him  from  the  demand  insti- 
tuted against  him.  He  shall  order  the  restoration  of  his  property,  and 
shall  condemn  the  plaintift  to  the  payment  of  the  costs. 

10.  If,  on  the  contrary,  the  debtor  has  not  proved  his  exceptions,  and 
the  sum  demanded  be  found  legally  due,  the  judge  shall  declare  the 
seizure  to  be  valid,  and  shall  order  the  fourth  and  last  public  notice  of  the 
sale  to  be  given,  and  the  adjudication  of  the  property  to  the  highest  bidder, 
and  that  from  the  proceeds  of  the  same  the  demand  of  the  creditor  be  fully 
discharged,  as  also  the  tenth  and  the  costs.  The  creditor  shall,  however, 
be  held  to  give  security  in  the  amount  of  these  sums,  to  answer  in  the 
evenly  the  sentence  should  be  annulled  by  a  superior  tribunal. 

11.  This  sentence  shall  be  carried  into  execution  notwithstanding  ap- 
peal, but  shall  not  prevent  the  party  who  may  have  been  aggrieved  from 
appealing  to  the  cabildo,  provided  the  sum  does  not  exceed  90,000  mara- 


2^1  APPENDIX. 

Tedis,  otlierwise  the  appeal  must  be  made  to  the  superior  tribunal,  to  be 
hereafter  appointed  by  his  majesty. 

12.  Defniiti  ve  judgment  being  pronounced,  the  day  for  the  fourth  and  last 
notice  of  the  sale  of  the  property  seized  shall  be  appointed.  On  the  said 
day  the  sale  shall  bo  made  in  the  presence  of  the  parties,  who  shall  be 
legally  summoned  to  aUend ;  and  the  amount  of  his  demand  shall  be 
paid  to  the  creditor,  who  shall  give  the  security  aforesaid;  the  tenth  shall 
be  paid  to  the  alguazil  mayor,  and  the  costs  and  expenses  to  the  other 
•  officers,  in  conformity  to  the  regulations  of  the  tariff. 

13.  It  must  be  observed,  that,  if  the  debtor  discharges  his  debt  withm 
seventy-two  hours  after  the  seizure  is  pronounced  to  be  valid,  the  tenth 
shall  not  be  demanded;  but  in  default  thereof,  the  payment  of  the  same 
cannot  be  dispensed  with;  and  on  this  account  it  has  been  heretofore 
declared  indispensably  necessary  to  note  the  day  and  the  hour  of  the  pro- 
ceedings in  the  seizure.      -.; 

Section  III. 

0/ Judgment  in  Criminal  Causes. 

1  When  information  shall  have  been  obtained  of  any  crime,  such  as 
homicide,  robbery,  &c,  having  been  committed,  if  no  prosecutor  shall 
appear  the  judge  shall  officially  draw  up  a  procci-verhal  containing  the 
knowledge  he  has  acquired  of  the  said  crime,  and  shall  order  an  inquiry 
to  be  made  into  the  circumstances  of  the  same  ;  as,  for  example,  in  the 
case  of  homicide,  he  shall  cause  the  body  to  be  examined  by  one  or  more 
sur"eons,who  shall  declare  whether  the  wounds  have  been  mortal  or  other- 
wise- thpv  shall  set  forth  in  what  place  and  in  what  situation  the  body 
was  found,  and  with  what  instrument  it  appears  that  the  crime  has  been 
committed.  In  the  case  of  robbery,  an  examination  will  be  made  ami 
the  escribano  shall  detail  and  certify  the  marks  of  violence  on  the  house 
or  the  furniture,  indicating  that  said  crime  has  been  committed.  The 
same  statement  of  facts  shall  also  be  made  in  all  crimes  a  formality 
which  is  the  basis  of  judicial  proceedings,  and  without  which  the  criminal 
cannot  be  prosecuted.  The  judge  shall,  at  the  same  time,  order  that  the 
information  be  taken  and  the  witnesses  heard.  ,  .  ,  ,       u  n 

2  When  ihe  party  injured  shall  bring  forward  a  complaint,  he  shall 
,  commence  by  a  petition,  containing  a  correct  and  brief  exposition  of  the 
fact,  and  requesting  an  examination  into  the  circumstances  of  the  crime, 
,in  the  manner  before  mentioned,  and  also  that  a  summary  inquiry  may  be 
,made  int..  the  truth  of  the  facts  set  forth  m  his  petition.  The  judge  shall 
take  order  on  the  said  petition  in  the  following  words :     "  Be  it  done  as  is 

'^r'The  jud-e  shall  make  the  said  inquiries  in  person,  unless  unayoid- 
ably  prevented;  in  which  case  he  may  intrust  the  same  to  the  register 


mmUmtim 


I|I1HI||IWIUII-I 


ribunal,  to  be 

burth  and  last 
On  the  said 
(vho  shall  bo 
anil  shall  be 
le  tenth  shall 
s  to  the  other 

3  debt  within 
ilid,  the  tenth 
t  of  the  same 
en  heretofore 
mt  of  the  pro- 


;rime,  such  as  ^ 
■osecutor  shall 
Bontaininy  the 
der  an  inquiry 
ample,  in  the 
)y  one  or  more 
mortal  or  other- 
ation  the  body  . 
irime  has  been 
1  be  maile,  and 
e  on  the  house 
nmitted.  The 
3s  i  a  formality 
shthe  criminal 
,  order  that  the 

)laint,  he  shall 
[position  of  the 
s  of  the  crime, 
inquiry  may  be 
rhe  judge  shall 
Be  it  done  as  is 

unless  unavoid- 
to  the  register 


APPENDIX. 


If,  however,  tie  crime  be  established,  and  the  criminal  unknown,  every 
inquiry,  search  and  examination  necessary  to  obtain  a  knowledge  of  the 
said  criminal  shall  be  made. 

4.  When  the  inquiries  have  been  made,  verifying  (he  crime,  and  the 
criminal  is  known,  if  two  witnesses  appealer  one  witness  of  credit,  joined 
to  other  circumstances,  proving  him  to  be  the  offender,  the  judge  shall 
c irect  the  body  of  the  gnid  a^L'gressor  to  be  taken  into  custody,  as  also  an 
inventory  of  his  property  to  be  taken,  and  the  sequestration  of  the  same 
in  the  hands  of  the  depositary  general. 

5.  If  the  criminal  has  not  been  arrested,  by  reason  of  either  absence  or 
concealment,  the  judge  shall  direct  that,  as  it  appears  by  the  report  of  the 
alguazil,  the  said  criminal  has  not  beeii  arresteil,  ho  be  cited  by  public 
proclamation,  three  times  repeated,  in  the  manner  following. 

6.  The  accused  shall  first  be  cited  to  appear  and  deliver  himself  up 
within  nine  days ;  of  which,  the  judge  shall  direct  the  escribano  to  certify 
that  the  term  has  expired,  if  the  jailer  affirm  that  the  offender  has  not  ap- 
peared. In  consequence  of  the  said  certificates,  which  shall  bo  annexed 
to  the  documtmts  in  the  cause,  the  accused  shall  be  condemned  to  the 
penalty  of  contumacy  ;  and  the  judge  shall  direct  that  he  be  again  cited 
to  appear  within  the  aforesaid  term  of  nine  days.  On  the  expiration  of 
this  second  delay  the  escribano  and  jailer  shall  certify  as  before ;  after 
which  the  judge  shall  issue  an  order  for  his  arrest,  and  direct  the  publica- 
tion of  the  sams,  as  also  the  continuance  of  the  proclamation  aforesaid 
These  last  nine  days  being  expired,  the  escribano  shall  again  ceilify  there- 
to, and  the  jailer  shall  affirm  that  the  accused  has  not  appeared  at  the 
prison.  The  judge  shall  then  declare  him  (ully  convicted  of  contumacy  ; 
and  if  there  be  no  prosecutor,  a  procurator  fiscal  shall  be  appointed  to  take 
the  necessary  steps  in  the  case ;  but  if  there  be  a  prosecutor,  the  cause 
shall  be  committed  to  him  that  he  may  proceed  therein  as  he  may  think 
best,  in  order  to  bring  the  same  before  the  tribunal,  in  which  provisional 
judgments  are  given,  and  the  criminal  is  cited  as  if  he  was  present.  The 
proceedings  shall  then  be  continued  until  the  definitive  sentence  either  in 
favor  of  or  against  the  accused  be  pronounced. 

7.  If,  however,  previous  to,  or  after  the  sentence,  the  accused  shall  pre- 
sent himself  at  the  prison,  the  cause  shall  be  instituted  anew,  and  the  de- 
fence of  the  accused  shall  be  heard  with  attention  ;  and  upon  what  the 
prosecutor  or  the  procurator  fiscal  may  set  forth  in  opposition  thereto,  the 

.previous  sentence  shall  be  either  confirmed  or  annulled,  according  to  the 
documents  reproduced  on  the  trial. 

8.  If  the  criminal  be  taken  after  the  order  for  his  arrest  has  been  issued, 
and  the  proces-vetbal  concluded,  the  judge  shall  direct  the  jailer  to  certify 
that  the  accused  is  in  prison,  and  the  said  judge  shall,  in  person,  com- 
mence the  examination  by  demanding  his  name,  age,  quality,  profession, 
country  and  residence.    If  he  be  under  twenty-five  years  of  age,  he  shall 


27b 


APPENDIX. 


be  enjoined  to  choose  a  guardian ;  and,  upon  h.s  refusal  to  do  so,  the  judge 
111  appoint  some  one  for  hirr.,  by  reason  that  the  sa.d  exammat.on  can- 
not  proceed  >vilhout  the  presence  and  authority  of  the  sard  guardian 

7  n  the  said  examination  the  judge  shall  charge  the  accusal  w.tb  the 
crime  pursuant  t<,  the  testimony  given,  and  .hall  propound  such  questions 
as  mav  tend  to  the  disclosure  of  the  circumstances  of  the  saine. 

,0  The  examination  concluded,  the  witnesses  both  for  and  aga.nst  the 
accused  shall  be  heard  within  the  shortest  delay  possible ;  which,  how- 
Te, "'necessary,  may  be  extended  to  ^'g^^'y ''^'y'' ^  ^""^^^  "J  ;'] 
Iluses  in  general  During  this  delay,  the  accused  on  one  side  and  the 
Zecu  or  or  the  procurator  fiscal,  (in  default  of  a  prosecutor  on  the 
ErSl  produce  their  proof  i»  the  manner  provide.l  in  civil  causes 
and  altlough  these  prpofs  should  be  private,  as  also  the  re-exam.nafon  of 
the  witnesses,  Ihey  may  communicate  to  each  other  the  documents  in  the 
cause  in  order  to  the  necessary  arrangement  of  their  proceedings. 

1  The  witnesses  being  re-examined,  and  the  delay  allowed  havmg 
expred  one  of  the  parties  shall  require  that  the  testimony  be  made 
pile  '  This  demand  shall  be  communicated  to  the  other  party,  by  a 
l%ereof,  upon  whose  answer,  or  in  default  thereof,  the  judge  shall 
direct  the  publication  of  the  said  testimony.  The  documents  shall  then 
S  de  ivered  to  the  prosecutor,  or  to  the  procurator  fiscal,  that  he  may  bring 
hL  accusation  in  form,  and  allege  the  sufficiency  of  the  proof. 

ir  The  accusation  being  made,  conjointly  with  the  declaration  of  the 
sufficiency  of  the  proof,  a  copy  thereof  shall  be  given  to  the  accused,  that 
hfrnly  I  defence' set'forth  whatever  he  may  think  in  favor  of  his  cause^ 
Whl  the  said  defence  shall  have  been  made,  the  peadmgs  shall  be 
Isldered  as  concluded,  and,  consequently,  the  cause  m  a  state  to  be 

"^ta  If"  H  should  happen  that  one  or  both  of  the  parties  except  to  the 
witnesses  produced,  they  shall  proceed  in  the  manner  pointed  out  under 
The  head  of  civil  cLuses  in  general,  and  shall  conforrn  precisely  to  he 
nLuctions  therein  given  for  similar  cases.  Aft^r  he  decision  on  the 
ad  exception  has  been  made,  the  determination  of  the  cause  shall  not 
be  delayed ;  but  the  judge  shall  require  the  documents,  and  cite  the  par- 

ties  for  the  definitive  sentence.  „„t„>,iuh 

14  The  accused  being  convicted  of  the  crime,  as  beiuR  fully  establish, 
ed  on  the  trial,  or  by  some  other  proof,  in  conjunction  with  his  own  con- 
fession  he  may  be  condemned  to  the  penalty  provided  by  law  for  the 
same  The  said  condemnation  shall  also  take  place  when  two  witnesses 
of  lawful  age  and  irreproachable  character  shall  depose  that  of  their  cer- 
tain  knowledge  the  accused  has  committed  the  crime;  but  when  there 
shall  appear  against  the  accused  but  one  witness,  and  other  indications  or 
conjectures,  he  shall  not  be  condemned  to  the  penalty  provided  by  law ; 
but  some  other  punishment  shall  be  in4ipted  as  directed  by  the  judge, 


tmiij'fcitiMiiiiri'.iifrii 


,)iniMiiiiinlwl»i'ii'ii' 


APPENDIX. 


277 


1 


0  so,  the  judge 
mination  can- 
ruardian. 
iused  with  the 
such  questions 
ime. 

id  against  the 
which,  how- 
ilowed  in  civil 
e  side,  and  the 
jcutor)  on  the 
n  civil  causes ; 
3xamiiiatiun  of 
cuments  in  the 
eedings.  .^ 

liowed  having 
nony  be  made 
her  party,  by  a 
he  judge  shall 
lents  shall  then 
it  he  may  bring 
roof. 

claration  of  the 
le  accused,  that 
iror  of  his  cause, 
ladings  shall  be 
1  a  state  to  be 

3  except  to  the 
minted  out  under 
precisely  to  the 
I  decision  on  the 
3  cause  shall  not 
and  cite  the  par- 

b;  fully  establish- 
ith  his  own  con- 
I  by  law  for  the 
jn  two  witnesses 
that  of  their  cer- 
but  when  there 
ler  indications  or 
)rovided  by  law ; 
«d  by  the  judge, 


with  due  consideration  of  the  circumstances  which  may  appear  on  the 
trial ;  this  state  of  things  requires  the  greatest  circumspection,  as  it  must 
always  be  remembered  that  it  is  better  to  let  a  criminal  escape  than  to 
punish  the  innocent. 

15.  Afterall  these  precautions,  the  judge  shall  pronounce  sentence;  and 
although  in  criminal  causes  an  appeal  should  not  be  admitted,  yet  if  the 
judge  shall  have  doubts,  or  from  some  difRculties  on  the  trial  he  shall 
think  it  advisable  to  submit  the  same  to  the  examination  of  a  superior 
tribunal,  execution  shall  be  suspended,  and  this  second  instance  shall  be 
conducted  as  in  civil  causes. 

Section  IV. 
Of  Appeals. 

1-  When  judgment  has  been  given  for  a  sum  or  an  object,  the  value  of 
which  exceeds  ninety  thousand  maravedis,  an  appeal  may  be  taken  by 
the  party  who  thinks  himself  aggrieved,  directly  to  the  tribunal  to  be 
hereafter  appointed  by  his  majesty  :  and  when  the  said  appeal  shall  have 
been  lodged,  communication  thereof  shall  be  made  to  the  adverse  party, 
who  may  plead  against  the  merits  of  the  same;  that  is  to  say,  whether 
the  sentence  shall  be  suspended  or  executed,  notwithstanding  appeal. 
To  determine  this  pointy  the  judge  shall  demand  the  documents,  and  after 
examining  the  same  shall  pronounce  either  for  or  against,  as  he  shall 
think;  and  in  urgent  and  particular  cases,  such  as  dowry,  alimony,  or 
others  of  a  similar  nature,  in  which  appeals  should  not  lightly  be  admit- 
ted, he  shall  order  execution.  In  this  class  are  also  comprised  criminal 
causes,  unless  such  circumstances  should  occur  as  cited  at  the  conclusion 
of  the  preceding  paragraph ;  in  which  case  execution  must  be  suspended 
until  the  superior  judge  has  examined  the  same,  and  confirmed  the  sen- 
tence pronounced. 

2.  If  the  appeal  be  admitted,  the  second  trial  shall  be  conducted  in  the 
manner  following :  The  judge  shall  direct  the  delivery  of  the  documents 
in  the  cause  to  the  appellant^  that  he  may  declare  in  what  consists  the 
grievance  of  whinh  he  complains;  by  which  is  meant  that  he  shall  set 
forth  in  argument  the  injury  he  would  sustain  by  the  execution  of  the 
sentence,  which,  for  one  or  more  reasons,  is  not  in  conformity  to  the  pro- 
visions of  the  law  in  similar  cases,  and  concluding  by  moving  that  the 
same  be  annulled.  A  copy  of  this  declaration  shall  be  given  to  the  other 
party  to  reply  thereto  and  confute  the  arguments  of  his  adversary,  by 
setting  forth  those  tending  to  prove  that  the  sentence  has  been  pronounced 
in  conformity  to  law.  The  judge  shall  then  direct  that  after  having  tran- 
scribed the  documents  in  the  cause,  at  the  expense  of  the  appellant^  the 
originals  be  transmitted  to  the  tribunal,  in  which  the  appeal  is  to  be  tried. 
He  shall  summon  the  parties  to  hear  the  transcripts  compared  with  the 


— —     I  vmmti'^mmr'"'^>> 


r" 


APPENDIX. 


■ 


r 


originals,  as  also  to  appear  in  person,  or  by  proxy,  at  the  tribunal  to  which 
the  said  appeal  shall  be  carrieii,  within  the  lielay  ihat  may  be  alloweu, 
according  to  the  distance  of  the  same  from  this  province.    The  said  de- 
lay  shall  commence  from  the  day  on  which  the  fust  registered  vessel 
shall  sail  from  this  port  for  the  place  where  the  superior  tribunal  shall  be 
established;  the  judge  having  previously  ordered  the  delivery  on  board 
the  said  vessel,  of  the  original  documents  aforesaid.    He  shall  inform  the 
appellant,  that  if,  within  the  delay  allowed,  he  shall  not  prove  that  ho 
appeared  belore  the  said  tribunal  with  the  original  documents,  he  shall 
fully  and  indisputably  forfeil  his  appeal,  and  that  the  execution  of  the  sen- 
tence shall  consequently  be  ordered  on  the  first  re.iuisition  of  the  adverse 
party.     If,  however,  the  appellant  shall  establish  the  loss  of  the  vessel  in 
which  his  documents  were  embarked,  or  of  the  one  in  which  he  had 
transmitted  the  vouchers  of  his  having  appeared  at  the  superior  tribunal 
within  the  time  prescribed;  or,  in  short,  any  other  impediment  which 
may  discharge  him  from  the  aforesaid  obligation,  the  appeal  cannot  be 
declared  to  be  abandoned ;  but  on  the  contrary,  a  further  delay  shall  be 
granted ;  and  if  the  originals  have  been  lost,  copies  thereof  shall  be  de- 
livered to  him,  that  he  may  prove  his  appearance  and  compliance  with 
whatsoever  has  been  required. 

3.  In  the  case  of  a  judgment  for  a  sura  not  exceeding  90,000  maravedis, 
exclusively  of  the  costs,  the  appeal  shall  be  made  Ut  the  cabil.lo  of  this 
city  and  the  same  shall  be  conducted  in  the  manner  following :  Within 
five'days  computing  from  the  day  of  the  signification  of  the  sentence,  the 
appellant  shall  present  his  petition,  which  shall  be  delivered  to  the  register 
to  annex  his  certificate  thereto ;  on  sight  of  which  the  cabildo  shall  ap- 
point  two  regidors,  in  quality  of  commissioners,  to  decide  on  the  cause  of 
appeal,  conjointly  with  the  judge  who  pronounced  the,  sentence.  The 
said  commissioners  shall  be  bound  to  accept  the  said  appointment^  and 
shall  take  an  oath  that  they  will  impartially  discharge  the  duties  of  the 

same.  j  i    lu 

4.  The  said  document  with  the  certificate  shall  be  delivered  to  the 
escribano  in  the  cause,  who  shall  institute  and  pursue  the  appeal.  The 
document  shall  be  delivered  to  the  appellant,  that  he  may  deduce  and  set 
forth  his  grievance  in  the  manner  explained  in  the  second  paragraph ; 
which  shall  be  done  within  fifteen  days  at  (urthest;  and  communication 
thereof  shall  be  made  to  the  other  party,  that  he  may  reply  thereto,  withm 
a  further  term  of  fifteen  days ;  so  that  within  thirty  days  from  the  appoint- 
ment of  commissioners  the  cause  shall  be  ready  for  determination.  It 
must  be  observed  tthat  the  aforesaid  term  of  thirty  days  cannot  be  pro- 
longed,  even  with  the  consent  of  both  parties. 

5  The  pleadings  being  concluded  in  the  manner  prescribed,  the 
escribano  shall,  within  two  days,  deliver  the  documents  to  the  judges,  who 
shall  examine  the  same,  and  give  judgment  within  ten  days,  computmg 


APPENDIX. 


279 


bunal  to  which 
lay  be  allowed, 
The  said  ile- 
gistered  vessel 
iburial  shall  be 
livery  un  board 
hall  inform  the 
prove  that  ho 
iinenls,  he  shall 
uliuii  i)(  the  sen- 
n  of  the  adverse 
of  the  vessel  in 
which  he  had 
niperior  tribunal 
)ediinent  which 
ppeal  cannot  be 
r  delay  shall  be 
reof  shall  be  de- 
compliance  with 

0,000  maravedis, 
e  cabildo  of  this 
lowing:  Within 
the  sentence,  the 
ed  to  the  register 
cabildo  shall  ap- 
e  on  the  cause  of 
,  sentence.  The 
ippointment^  and 
the  duties  of  the 

delivered  to  the 
the  appeal.  The 
ty  deduce  and  set 
3Cond  paragraph ; 
;1  communication 
ily  thereto,  within 
from  the  appoint- 
letermination.  It 
^8  cannot  be  pro- 

'  prescribed,  the 

0  the  judges,  who 

1  days,  computing 


from  the  exjiiration  of  the  thirty  aforesaid,  annulling  or  confirming,  aug- 
menting or  diminishing,  the  previous  sentence,  as  they  may  think  just. 
After  the  expiration  of  the  aforesaid  ten  days,  judgment  cannot  be  pro- 
nounned;  or,  if  given,  the  snme  shall  be  void;  and  the  first  sentence  shall 
take  full  efTect,  and  be  executed  according  to  the  tenor  thereof. 

6.  If  a  majority  of  the  three  judges  appointed  shall  accord  in  opinion, 
their  sentence  shall  be  valid  and  conclusive,  and  an  apppal  to' any  other 
tribunal  shall  not  be  admitted;  but  the  judge  who  pronounced  the  first 
sentence  shall  cause  thn  second  to  be  executed  so  soon  as  the  documents 
shall  hare  been  delivered  to  hiui  for  that  purpose. 

Section  V. 

0/ Punishments. 

1.  He  who  shall  revile  our  Saviour,  or  his  mother,  the  most  holy  Virgin 
Mary,  shall  have  his  tongue  cut  out,  and  his  property  shall  bo  confiscated, 
applicable,  one  half  to  the  public  treasury,  and  the  other  half  to  the 
informer. 

2.  He  who,  forgetting  the  respect  and  'oyalty  which  every  subject  owes 
to  his  king,  shall  have  the  insolence  to  vilify  his  royal  person  or  that  of 
the  queen,  the  hereditary  prince,  or  of  the  infants,  their  sons,  shall  be 
punished  corporally,  according  to  the  circumstances  of  the  crime ;  and  the 
half  of  his  property  shall  be  confiscated  to  the  profit  of  the  public  or  royal 
treasury,  if  he  have  legitimate  children;  but  if  he  have  none,  ho  shall 
forfeit  the  whole ;  applicable,  two-thirds  to  the  public  treasury,  and  the 
other  third  to  the  accuser.  * 

3.  The  authors  of  any  insurrection  against  the  king  or  the  state,  or 
those  who,  under  pretext  of  defending  their  liberty  and  rights,  shall  be 
concerned  or  take  up  arms  therein,  shall  be  punished  with  death,  and  the 
confiscation  of  their  property.  The  saifie  punishments  shall  also  be 
inflicted  on  all  those,  who  may  be  convicted  of  I6se-majest6,  or  treason. 

4.  Whosoever  shall  outrage  another  either  by  wounds,  cuffs,  or  blows 
with  a  stick,  shall  be  punished  as  the  judge  may  think  suitable  to  the  case 
and  to  the  rank  both  of  the  offender  and  the  ofTended.  But  if  the  abuse 
consists  only  in  words,  and  the  aggressor  be  not  noble,  the  judjre  shall 
exact  the  retraction  of  the  same,  in  the  presence  of  himself  and  other 
persons,  and  shall,  moreover,  condemn  the  said  aggressor  to  a  fine  of 
1,200  maravedis,  applicable,  one-half  to  the  public  treasury,  and  (he  other 
half  to  the  party  offended.  If  the  aggressor  be  of  rank,  or  enjoys  the 
privileges  of  nobdity,  he  shall  be  condemned  to  a  fine  of  2,000  maravedis, 
applicable,  as  aforesaid.  The  judge,  however,  may  in  lieu  of  the  same, 
inflict  any  other  punishment  which  he  shall  think  suitable  to  the  rank  of 
the  parties  and  the  nature  of  the  outrage.    If  no  blood  has  baen  spilt. 


L 


3S0 


APPENDIX. 


nor  complaint  made  by  the  ofTended,  or  if  he  shall  desiit  from  proMouiinf 

the  same,  the  juil^e  shall  not  interfere  therein. 

5.  He  who  shall  ravish  a  t^irl,  a  married  woman,  or  a  widow  of  reputable 
character,  shall  suffer  death,  and  his  property  shall  be  confiscated  to  the 
use  of  the  person  injured;  but  if  the  said  person  be  not  of  reputable 
character,  the  judge  shall  inflict  such  punishment  as  he  may  think  suit< 
able  to  the  case. 

6.  The  married  woman  convicted  of  adultery,  and  he  who  has  commit- 
ted the  same  with  her,  shall  be  delivered  up  to  the  will  of  the  husband ; 
with  the  reserve,  however,  that  he  shall  not  put  the  one  to  death,  without 
inflicting  the  same  punishment  on  the  other. 

7.  The  man  who  shall  consent,  that  his  wife  live  in  concnbinafje  with 
another,  or  who  shall  have  induced  her  to  commit  the  crime  of  a<lultery, 
shall,  for  the  first  time,  be  exposed  to  public  shame,  and  condemned  to  a 
confinement  of  ten  years  in  some  fortress  ;  and  for  the  second  time  shall 
be  sentenced  to  one  hundred  lashes  and  confinement  for  life. 

8.  The  same  punishment  shall  also  be  inflicted  on  those  who  carry  on 
the  infamous  trade  of  enticing  women  to  prostitution,  by  procuring  them 
the  means  of  accomplishing  the  same. 

._  9.  He  who  shall  be  guilty  of  fornification  with  a  relation  in  the  fourth 
decree,  shall  forfeit  half  his  property  to  the  profit  of  the  public  treasury, 
and  shall,  moreover  be  punished  corporally,  or  banished  in  some  other 
manner,  according  to  the  rank  of  the  person,  and  the  degree  of  the  kin- 
dred. If  the  said  crime  be  committed  between  parents  and  their  offspring, 
or  with  a  professed  nun*the  same  shall  be  punished  with  death. 

10.  He  who  shall  commit  the  detestable  crime  against  nature  shall 
afterwards  be  burned,  and  his  property  shall  be  confiscated  to  the  profit  of 
the  public  and  royal  treasuries. 

11.  The  woman  who  shall  be  publicly  the  concubine  of  an  ecclesiastic, 
shall  be  sentenced,  for  the  first  time,  to  a  fine  of  a  mark  of  silver,  and  to 
banishment  for  one  year  from  the  city  or  from  the  place  where  the  offence 
may  have  been  committed.  The  second  time,  she  shall  be  fined  another 
mark  of  silver,  and  banished  for  two  years,  and  in  case  of  relapse,  she 
shall  be  punished  by  one  hundred  lashes,  in  addition  to  the  penalties 
aforesaid. 

12.  If  fornication  be  committed  between  bachelors  and  girls,  they  shall 
be  admonished  by  the  judge  to  discontinue  every  kind  of  intercourse  with 
each  other,  under  the  penalty  of  banishment  of  the  man,  and  confinement 
of  the  girl,  for  such  time  as  may  bo  necessary  to  operate  a  reformation. 
If  this  menace  have  not  the  desired  effect,  the  judge  shall  put  the  same 
into  execution,  unless  the  rank  of  the  parties  require  a  different  procedure, 
in  which  case  the  said  offence  shall  be  submitted  to  the  consideration  of 
the  judges,  collectively,  to  apply  the  remedy,  which  their  prudence  and 
zeal  for  the  repression  of  such  disorders  may  suggest.    They  shall  punish 


*»miiiiLii[  jj  :mmmmmi0.iimiimi''mti'iMViMts.nv» 


1  proMcuting 

of  reputable 
seated  to  the 
of  reputable 
ly  think  suit- 
has  oommit- 
he  husband; 
lealh,  without 

ubina^e  with 

B  of  adultery, 

ndemned  to  a 

nd  time  shall 

I. 

Mr  ho  carry  on 

ocuring  them 

I  in  the  fourth 
iblic  treasury, 
n  some  other 
ree  of  the  kin- 
Iheir  offspring, 
eath. 

t  nature  shall 
to  the  profit  of 

n  eoclesiastio, 
silver,  and  to 
re  the  offence 
I  fined  another 
)f  relapse,  she 
the  penalties 

:ir1s,  they  shall 
tercourse  with 
I  confinement 
a  reformation. 
1  put  the  same 
ent  procedure, 
)nsideration  of 
prudence  and 
y  shall  punish 


APPENDIX.  Up, 

all  other  offences  of  debauchery  in  proportion  to  their  extent,  and  to  the 
injury  occasioned  thereby. 

13.  He  who  shall  break  his  oath,  taken  in  conformity  to  law,  for  the 
validity  of  an  apreemenf,  shall  forfeit  the  whole  of  his  property  for  the 
benefit  of  the  public  and  the  royal  treasuries. 

14.  False  witnesses  in  civil  causes  shall  be  exposed  to  public  shame, 
and  banished  for  ten  years;  but  in  criminal  causes,  in  which  false  testi- 
mony is  more  important  in  its  consequences,  the  same  shall  bo  punished 
capitally.  If,  however,  the  accused  shall  not  have  thereby  been  sen- 
tenced  to  death,  the  false  witness  shall  only  be  exposed  to  public  shame, 
and  bo  sentenced  to  perpetual  banishment  to  some  presido.  The  said 
punishments  may,  however,  be  commuted,  when  from  the  rank  of  the 
ofTendcrs  they  cannot  be  condemned  to  the  same. 

15.  lie  who  shall  steal  the  sacred  vessels  in  a  holy  place  shall  suffer 
death. 

16.  Assassins  and  robbers  on  the  highway  shall  suffer  death. 

17.  The  same  punishment  shall  also  be  inflicted  in  cases  of  forcible 
robbery,  which  shall  be  reputed  such,  when  tlie  proprietor  or  other  person 
shall  have  made  resistance. 

18.  Robberies  of  other  kinds,  other  than  those  comprised  in  the  preced- 
ing articles,  shall  be  punished  corporally,  according  to  the  nature  of  the 
same,  and  the  rank  of  persons. 

19.  He  who  shall  kill  another,  shall  suffer  death,  unless  done  in  his  own 
defence,  or  under  such  circumstances  as  are  explained  in  the  laws  of  the 
Nueva  Rccopilacion  do  Castilla. 

20.  He  who  shall  commit  wilful  murder,  or  wound  another  with  intent 
to  deprive  him  of  life,  although  the  wounded  person  may  survive,  shall 
suffer  death,  and  shall  be  dragged  to  execution  at  the  tail  of  some  animal ; 
and  the  half  of  his  property  shall  be  confiscated  to  the  profit  of  the  public 
or  royal  treasury.   ^ 

Section  VI. 

Of  Testaments. 

1.  For  the  validity  of  a  nuncupative  will,  it  is  necessary,  that  the  samd 
be  received  by  a  notary  public,  in  presence  of  at  least  three  witnesses, 
residents  of  the  place ;  or  if  there  be  no  notary,  there  must  be  present 
five  witnesses,  residents  of  the  place  in  which  the  will  shall  be  made;  if, 
however,  it  be  impossible  to  procure  the  last-mentioned  number,  three  may 
sufiice. 

2.  A  testament  shall  be  equally  valid  wlien  made  in  the  presence  of 
•even  witnesses,  although  they  be  not  residents  of  the  place,  and  although 
the  same  be  not  made  in  the  presence  of  a  notary. 

3.  If,  after  the  closing  of  a  will,  the  testator  shall  wish  to  add  to, 
diminish  or  change  any  disposiiion  contained  therein,  he  may  do  the  same 


l»S»»>»**l^^ 


APPENDIX. 


e(r.'ptii!illy  by  a  codiril;  ob^orvinp;  the  same  formalitios,  and  m  the  pro- 
«Hnc«  of  til.!  sam.  imml.or  of  witnesses  req.iire.l  for  the  vali.hty  of  tho 
testam.-nt  ilsolf;  but  he  cannot  change  the  name  of  the  heir,  unless 
another  will  be  made. 

4  If  tho  testator  be  blind,  at  least  five  witnesses  shall  be  necessary  to 
each  of  the  instruments  aforesaid,  in  order  to  prevent  tho  deceptions,  to 
which  those  who  labor  under  such  a  misfortune  are  exposed. 

rj  For  tho  validity  of  a  mystic  will,  styled  in  Latin  in  scripts,  tho  testa- 
tor,  on  delivering  to  the  notary,  {who  shall  seal  it,)  shall  put  an  endorse- 
ment  on  the  cover,  statin?  that  the  within  is  his  will ;  which  en.lorsement 
shall  be  si-rned  by  himself  and  seven  witnesses,  if  they  can  write;  and 
if  not  the  others  shall  si-n  for  them  ;  so  that  there  be  ei^'ht  siirnatures,  m- 
clndinT  (hat  of  the  oscribano.  who  shall  also  put  his  signature  thereto. 

6  Before  the  opening  of  a  will,  aRer  tho  decease  of  the  testator,  it  is 
necessary  that  the  judge  who  shall  have  knowle.lge  thereof,  sha  I  certily 
thereto  and  that  the  witnesses  appear  before  the  said  judge,  and  declare, 
on  oath,  that  they  were  present,  when  the  testater  declared  the  same  to  be 
his  last  will:  they  shall  acknowledge  their  signatures,  or  shall  declare  (it 
such  be  the  case)  that  by  their  request  some  one  has  signed  for  them. 

7  As  it  often  occurs  that  persons,  either  unable  or  unwilling  to  make  a 
will  themselves,  empower  others  for  that  purpose,  they  are  hereby  inlorm- 

ed,  as  follows  :  „™k<., 

8.  That  such  authority  must  bo  given  in  presence  of  the  same  number 
of  persons,  and  with  the  same  formalities  required  for  testaments. 

9  That  the  person  empowed  to  make  a  will  for  another,  cannot  revoke 
a  will  pre.lously  made  by  his  constituent;  unless  the  said  will  shall  con- 
tain  a  special  clause  to  that  effect. 

10  That  he  may  neither  appoint  an  heir,  bequeath  a  third  or  a  titth  to 
any  of  the  children  or  descendants  of  his  constituent,  disinherit  any  ot 
them,  substitute  others  in  their  stead,  nor  name  a  guardian  for  them  with- 

•  out  an  express  clause  and  special  authority  to  that  effect ;  by  reason,  that 
the  constituent  should  himself  nominate  his  heir,  and  designate,  by  his 
will,  whatsoever  he  may  wish  to  be  done. 

1 1  That  if  the  testator  has  not  appointed  an  heir,  nor  designated  one  in 
the  power  given  to  make  a  will  for  him ;  the  person  so  empowered,  may 
only  direct  the  payment  of  the  debts  of  the  deceased  ;  after  which  a  filth 
pait  of  the  proceeds  of  his  property  shall  be  distributed  for  the  repose  and 
relief  of  his  soul :  the  remainder  shall  be  ilivided  amongst  the  relations  ot 
the  deceased,  who,  according  to  law,  shall  inherit;  or,  if  there  be  none, 
the  whole  shall  be  applied  to  pious  uses,  for  the  benefit  of  the  soul  of  the 
deceased,  atler  previously  deducting  therefrom  what  is  allowed  by  law  to 
the  wife,  as  dower,  bridal  presents,  donations,  proper  Mptias,  the  hall  ot 
the  profits  on  the  joint  estate,  and  whatever  may  have  fallen  to  her  by 
succession  or  donation  during  the  marriage..  «— .— 


'^jrifejMiMiijaiiiyiMmi'i '"' "">' 


tfi!wfti"iJtiMimmt.y.jjtfa'i-'Vi,AV)v.-'JiA:'-'Ai'? 


fi 


't    APPENDIX. 


283 


and  in  the  pro- 
validity  of  tho 
:ho  heir,  unless 

bo  necessary  to 
10  (leceptioiis,  to 
sed. 

.criptii,  the  testa- 
I  put  an  eudorse- 
ich  endorsement 
•  can  write ;  and 
ht  signatures,  in- 
ature  thereto, 
tlie  testator,  it  is 
eof,  shall  certify 
dfjo.  and  declare, 
«d  the  same  to  be 
r  shall  declare  (if 
led  for  them, 
ivillingto  make  a 
:o  hereby  inform- 

the  same  number 

itaments. 

er,  cannot  revoke 

lid  will  shall  con- 

;  third  or  a  fifth  to 
disinherit  any  of 
lan  for  them  with- 
it  ;  by  reason,  that 
designate,  by  his 

designated  one  in 
I  empowered,  may 
after  which  a  fifth 

for  the  repose  and 
gst  the  relations  of 
r,  if  there  be  none, 
t  of  the  soul  of  the 

allowed  by  law  to 
uptias,  the  half  of 
re  fallen  to  her  by 


12.  That  if  the  constituent  shall  liavn  appointed  an  ht>ir,  tho  person  em- 
powereil  as  iiforesaid  may  not  dispose  of,  in  li'irnpies  pums  or  profaim.  miro 
than  the  llfth  part  of  th.;  propirty  of  llie  Ifsditor.  Iiis  di-lits  Ix  inir  previously 
paid  ;  uiiioss  by  a  special  clause  ho  should  be  authori/oil  to  disiioso  of  a 
greater  part. 

13.  That  tho  person  omixiwerod  should  propood  to  the  completion  of  (ho 
will  with  which  he  is  charged  within  four  months,  if  ho  be  in  the  place  in 
which  the  power  was  given;  or,  if  not,  within  si.x  months:  unless  ho  bo 
out  of  tho  kingdom  ;  in  which  last  case,  one  year  shall  be  aliowod.  com- 
puting from  tho  day  ol  the  decease  of  the  con-tiluont.  All  that  may  lie 
done  by  tho  person,  empowered  as  aforesaid,  after  the  expiration  of  that 
term,  .shall  be  void  and  of  no  olfoct,  even  it  he  shall  allege,  that  he  had  no 
knowledge  whateverof  his  having  been  so  enjpowered.  But  all  tht!  other 
stipulations  by  the  testator,  in  the  said  power  contained,  shall  be  carried 
into  execution,  ami  the  remninder  of  his  projM-rty  shall  be  delivered  to  his 
relations,  who  inherit  ab  intestah,  and  who,  with  the  exception  of  the  legiti- 
mato  children  of  the  descendants  or  progenitors  of  the  testator,  shall  give 
the  fifth  part  of  the  not  proceeds  of  the  said  property,  for  the  case  and  re- 
pose of  the  soul  of  the  said  testator. 

14.  That  the  person  empowered  as  aforesaid  may  not  in  any  manner  re- 
voke the  will  he  shall  have  made  by  virtue  of  the  authority  aforesaid,  nor 
add  a  codicil,  nor  any  declaration  (hereto,  even  if  the  same  should  be  for 
pious  uses,  and  notwithstanding  he  may  have  reserved  the  power  of  re- 
voking, augmenting,  diminishing,  or  changing  the  disposal  he  shall  have 
made. 

15.  To  the  said  testaments,  codicil.s.  or  powers  given  to  that,  effect, 
women,  monks,  people  under  the  age  of  fourteen,  drunkards,  or  other  dij- 
qualifii-d  persons,  shall  not  be  admitted  as  witnesses. 

16.  A  testator  may  bequeath  a  third  or  a  fifth  to  anyone  of  hischildren  or 
other  legitimate  descendants,  by  specifying  the  part  of  his  real  or  person, 
al  property  which  he  designs  for  that  purpose. 

17.  When  a  testator  shall  make  a  bequest  to  any  of  his  children  or 
legitimate  descendants,  he  may  impose  such  condition,  remainder,  or 
entailment,  upon  the  property  bequeathed  as  he  may  think  proper,  in  order 
that  his  other  legitimate  descendants,  or,  in  default  thereof,  his  illegitimate 
descendants,  or  if  there  be  none  of  either  of  those  descriptions,  his  relations 
may  enjoy  the  benefits  resulting  therefrom ;  to  the  end  that  tl  o  said  be- 
quest may  never  pass  to  a  stranger,  unless  all  the  relations  in  the  order 
aforesaid  shall  be  deceased. 

18.  The  father  may  also,  while  living,  advance  any  of  his  children  or 
legitimate  descendants,  in  the  same  manner  as  at  his  ileath,  or  by  will ; 
but  it  is  to  be  understood  that  he  shall  make  the  same  advancement  but 
once,  and  that  the  same  being  made  during  his  life  cannot  be  revoked,.if 
settled  by  agreement  and  fixed  by  a  public  instrument,  which  should  pre- 


lU<lll|l'.lllll 


„*— ,-...4.^^ 


284 


APPENDIX. 


cede  the  delivery  of  the  object  in  which  consists  the  advancement,  or  if 
having  been  made  with  a  view  to  marriage,  or  for  any  other  similar  cause , 
unless  he  shall  have  reserved,  by  the  said  instrument^  a  power  to  that 
effect ;  in  which  case  he  may  revoke  the  ?aid  advancfiment. 

19.  If  the  father  or  mother  shall  have  entered  into  an  ag^reement  not  to 
advance  any  one  of  their  children,  the  said  agreement  shall  thereafter  be 
binding ;  and  if  they  should  attempt  the  said  advancement  by  any  public 
instrument,  the  same  shall  be  void  and  of  no  effect.  If,  on  the  contrary, 
they  shall  promise  the  advancement  in  consideration  of  marriage,  or  for 
other  similar  cause,  the  right  to  a  third  or  a  fifth  shall  be  good  at  the 
decease  of  the  parent,  although  no  mention  thereof  shall  have  been  made 
in  the  will. 

20.  The  said  advancement  being  made  during  life,  or  at  the  point  of 
death,  shall  be  calculated  upon  the  real  value  of  the  property  at  the  time 
of  the  decease,  and  not  at  the  time  of  making  the  same. 

21.  All  deeds  of  gift^  or  legacies,  by  the  father  or  mother  to  their  chil- 
dren or  descendants,  during  life,  or  bequeathed  by  will,  shall  be  reputed 
on  account  of  the  third  or  the  fifth,  although  the  same  may  not  have  been 
so  expressed.  In  consequence  thereof,  they  cannot  bequeath  a  third  or  a 
fifth  to  any  of  the  other  children  or  descendants,  which  shall  exceed  the 
value  of  ihe  said  legacies  or  gifts  to  the  former. 

22.  When  any  one  shall  die  intestate,  and  without  having  empowered 
another  to  make  a  will  for  him,  in  the  manner  hereinbefore  explained,  if 
there  be  no  legitimate  children,  or  ascendants,  who  can  inherit,  the  rela- 
tions by  blood  and  kindred  of  the  fourth  degree  shall  inherit  the  whole  of 
the  property ;  observing  that  the  nearest  relations  shall  inherit  of  right,  and 
to  the  exclusion  of  those  who  may  be  further  removed,  unless  the  nearest 
relations  shall  be  brothers  of  the  deceased;  in  which  case,  the  children  of 
the  other  brothers,  who  shall  have  died  previous  to  the  ilecease  of  the  per- 
son intestate,  shall  take  a  portion  of  the  whole ;  that  is  to  say,  that  if  one 
brother,  and  three  or  four  children  of  another  brother,  be  living,  the  said 
children  shall  be  entitled  to  an  equal  proportion,  or  one-half  of  the  property ; 
and  the  brother,  uncle  of  the  said  children,  shall  inherit  the  other  half,  by 
reason  that  the  nephews  succeed  by  representation  of  their  father,  and  not 
in  their  own  right.  This  rule  shall  be  followed  in  the  division  of  estates 
when  there  may  be  a  greater  or  less  number  of  heirs ;  the  foregoing  being 
intended  for  an  exi^mple. 

23.  If  the  deceased  shall  have  neither  ascendants  nor  descendants 
capable  of  inheriting,  in  the  order  explained,  in  the  preceding  aiticle;  the 
king  shall  be  his  heir,  and  the  property  shall  be  vested  in  the  treasury  or 
royal  chamber. 

24.  Those  who  have  not  legitimate  descendants  may  will  in  favor  of 
their  illegitimate  children,  although  they  may  have  ascendants.  It  must 
be  understood  that  by  illegitimate  children  are  meant  those  born  of  a  free 


-^MatfitftJ^^^tiij^TttiiwufJi  .-■-iit/l'P.WA 


-ger^ 


•*s- 


'i'.',n'."'i-" 


APPENDIX. 


285 


icement,  or  if 
imilar  cause , 
ower  to  that 

lement  not  to 
thereafter  be 
by  any  public 
the  contrary, 
arriage,  or  for 
e  good  at  the 
ve  been  made 

it  the  point  of 
ty  at  the  time 

to  their  chil- 
.11  be  reputed 
not  have  been 
th  a  third  or  a 
Eili  exceed  the 

ig  empowered 
B  explained,  if 
herit,  the  rela- 
rit  the  whole  of 
rit  of  right,  and 
less  the  nearest 
the  children  of 
sase  of  the  per- 
lay,  that  if  one 
living,  the  said 
of  the  property ; 
B  other  half,  by 
r  father,  and  not 
ision  of  estates 
foregoing  being 

9r  descendants 
ing  article ;  the 
the  treasury  or 

will  in  favor  of 
idaiits.  Il  must 
se  born  of  a  free 


girl,  to  whose  marriage  with  the  father  of  the  said  children  no  legal  im 
pediment  existed.  Those  cliildren  shall  succeed  in  their  own  right,  to 
their  mother,  and  shall  inherit  the  whole  of  their  property,  whether  she 
may  have  died  intestate,  or  otherwise,  and  shall  have  a  preference  over 
the  ascendants,  in  case  she  shall  have  no  legitimate  children,  who  would 
otherwise  iidierlt,  to  the  exclusion  of  the  illegitimate  children. 

25.  Illegitimate  children  of  every  description  shall  incont«stably  sue- 
ceed  to  thiir  mother,  if  she  have  no  legitimate  children  or  descendants, 
even  to  the  exclusion  of  her  father  or  other  ascendants. 

26.  The  father  and  mother  having  legitimate  children  or  descendants, 
cannot  give,  by  way  of  maintenance,  to  their  illegitimate  children,  more 
than  the  fifth  part  of  their  property;  of  which  proportion  they  may  also 
dispose  for  the  benefit  of  their  souls,  or  by  a  legacy  to  a  stranger ;  except- 
ing from  the  foregoing,  the  children  of  ecclesiastics,  or  monks,  who  can- 
not in  any  manner  inherit  from  their  parents  or  kindred,  nor  pretend  to 
anything  possessed  by  them  during  their  lives. 

27.  A  son  or  daughter,  while  under  the  authority  of  the  father,  being  of 
competent  age,  that  is  to  say,  the  son  being  fourteen,  and  the  daughter 
being  twelve,  may  will  in  the  same  manner  as  if  they  were  emancipated 
from  their  parent,  and  may  dispose  of  the  third  part  of  their  property  by 
succession,  donation,  or  in  another  manner,  unless  derived  from  the  father, 
who  shall  inherit  the  remaining  two-thirds  in  the  same  manner  as  the 
mother  or  other  ascendant. 


Itible  of  Fees,  demandable  by  Judges,  Lawyers,  Escribanos,  Attorneys,  and 
the  other  Officers  of  Justice. 

Jdsoes. — For  a  signature  containing  the  baptismal  and  family  name  of 
the  judge,  four  reals  in  silver  dollars  of  America,  as  also  for  the  other  fees 
hereafter  detailed.  They  shall  put  the  aforesaid  signature  to  judgments, 
decrees,  warrants,  titles,  and  despatches  which  they  may  deliver  for 
another  tribunal.  They  shall  exact  but  two  reals  in  the  same  money  for 
a  signature  containing  their  family  name  only,  and  the  same  for  their 
cipher. 

For  a  sitting  of  two  hours  and  a  half,  in  cases  of  inventories,  seizures, 
assessments,  public  sales,  adjudications  of  real  or  personal  property,  proces- 
vtrbaux,  declarations,  examinations,  and  other  acts  of  justice  of  whatsoever 
nature,  two  ducats,  equal  to  twenty-two  reals  in  milled  dollars.  For  affix- 
ing the  seals,  in  case  of  death,  one  ducat.  If  a  longer  time  be  necessary 
for  the  security  of  the  property,  the  fee  may  be  augmented  in  proportion 
to  the  time  that  shall  be  employed.  For  the  opening  of  a  will,  and  the 
examination  of  the  seven  tvitnesses,  which  should  precede  the  opening  of 
the  will,  forty -eight  reals,  viz :  forty-four  for  two  sittings,  and  the  other 


mW:' i>v  ninni  iMWini— k— 


286 


APPENDIX. 


four  for  the  signatures  to  the  two  instruments.  They  shall  receive  four 
ducats  per  diem  while  employed  in  tho  country,  to  contmue  until  their 
return  to  their  own  houses ;  they  shall  be  decently  ente  'ained,  and  shaU 
be  provided  with  a  horse  and  other  things  necessary.  _  ;  , 

Assessors  shall  have  also  two  ducats  for  each  sitting  in  the  city,  and 
four  for  the  country,  either  with  or  without  commission.  They  shall 
charge  one  real  per  leaf  for  revising  documents,  they  paying  due  attention 
to  the  bulk  of  the  same,  to  the  circumstances  of  the  case,  and  to  what  may 
be  only  a  continuation  of  the  usual  business. 

The  Alcalde  Mayor  Provincial,  and  the  Officers  or  the  Saint 
Hermandad  shall  receive  the  same  fees  as  the  other  royal  judges,  for  their 
signatures  and  their  sittings. 

REGiD0R8.-In  causes  of  little  importance,  which  may  be  brought  be- 
fore  the  cabildo  by  appeal,  two  regidors  shall  be  appointed  as  commission- 
ers  conjointly  with  the  judge,  who  shall  have  pronounced  the  previous 
serit^nce.  In  all  such  cases  they  shall  receive  the  same  fees  as  the  judge 
for  their  signatures  and  sittings. 

The  Alouazil  Mayor.— In  common  executions  against  debtors,  tney 
shall  require  payment,  and  if  the  same  be  not  complied  with  within 
seventy^  wo  hours  from  the  moment  of  the  summons,  the  saul  debtors  shall 
pay  besides  the  fees  to  the  judge  and  the  other  officers  of  justice  the  tenth 
fo  the  alguazil  mayor,  which  is  five  milled  dollars  for  the  first  hundred 
dollars,  ai^l  two  and  a  half  dollars  for  every  other  hundred  dol  ars ;  so  that 
if  the  execution  be  issued  for  three  hundred  dollars,  he  shal  take  ten  dol- 
lars  for  the  tenth.  He  shall  not,  however,  exact  the  same  until  the  creditor 
be  satisfied  in  the  sum  for  which  the  execution  be  given. 

The  Depositary  General  shall  take  three  per  cent,  on  all  sums  m 
specie,  which  may  come  into  his  possession  by  way  of  deposit  and  he 
same  for  plate,  jewels,  or  other  personal  property  which  may  be  deposited 

with  him.  ,      .... 

For  real  estate,  as  houses,  plantations,  and  other  property  yielding  reve- 
nue he  shall  take  five  per  cent,  upon  the  said  revenue,  which  shall  be 
his  'compensation  for  the  management  of  said  properly,  for  receiving  the 
proceeds  thereof,  and  for  rendering  an  accountof  the  same  to  the  tiibunal 
by  whom  he  is  appointed,  whenever  he  shall  be  required  thereto.  He 
shall  also  take  five  per  cent,  upon  the  proceeds  of  the  labor  of  all  slaves 
in  his  care,  who  may  not  be  employed  upon  the  estate. 

Whenever  bonds  or  notes  shall  be  deposited  with  him,  he  shall  take  five 
per  cent,  upon  the  sums  which  he  may  recover  on  account  of  the  same. 

Lawyers  -The  fees  of  lawyers  shall  be  settled  by  another  lawyer 
whom  the  judge  shall  appoint:  and  for  every  sitting  their  compensation 
shall  be  the  same  as  that  of  the  judges  and  assessors.  But  when  they 
may  be  employed  in  examining  documents  in  order  to  assist  at  a  court, 
they  shall  be  paid  separately. 


^<teM£gaW'M-;aW»ri,'JMiilW 


J  UA'.-AJkW' "  ^ 


,.,^,^-r'  r^^*^~^tvw.ir*ref!.,-^  :.;       ^Ty 


receive  four 
le  until  their 
led,  and  shall 

the  city,  and 

They  shall 

due  attention 

1  to  what  may 

)T  THE  Saint 
dges,  for  their 

e  brought  be- 

3  commission- 

the  previous 

8  as  the  judge 

debtor?,  they 
with  within 
i  debtors  shall 
lice,  the  tenth 
1  first  hundred  ' 
ollars;  so  that 
I  take  ten  dol- 
lil  the  creditor 

n  all  sums  in 
posit,  and  the 
y  be  deposited 

yielding  reve- 
?hich  shall  be 
r  receiving  the 
to  the  tribunal 
1  thereto.  He 
ir  of  all  slaves 

I  shall  take  five 
of  the  same, 
nother  lawyer 
r  compensation 
But  when  they 
ist  at  a  court, 


APPENDIX.  V 


287 


EscBiBANOs  shall  have  fifteen  reals  for  a  sitting  in  the  city,  and  thirty 
per  diem  when  employed  in  the  country,  to  be  continued  until  their  return 
to  their  own  houses,  and  two  reals  for  each  leaf  of  writing,  and  they  shall 
be  furnished  with  a  conveyance,  and  decently  entertained. 

For  the  opening  of  a  will,  the  examination  of  the  seven  witnes.ses  which 
should  precede  the  same,  and  legacies  to  the  church,  fifty-two  reals. 

For  a  copy  of  a  decree  or  a  provision,  one  real.  For  an  act,  two  reals. 
For  a  notification,  citation,  or  participation,  two  reals.  For  a  declaration 
in  his  own  house,  six  reals;  or,  if  elsewhere,  eight  reals ;  and  two  reals  for 
each  leaf  of  writing  either  in  his  own  house  or  elsewhere.  For  a  despatch 
two  reals  per  leaf,  and  eight  for  the  commencement  and  conclusion  of  the 
same.  For  each  leaf  of  an  exemplification  of  an  act,  one  real  and  three 
quartillas,  and  one  real  for  his  signature.  For  duplicates,  or  copies  of 
documents  drawn  from  his  record,  two  reals  per  leaf. 

For  a  bill  of  sale  of  slaves,  twelve  reals.  For  a  sale  of  personal  property, 
which  usually  contains  two  leave*,  two  dollars;  and  if  the  same  shall  con- 
tain more  on  account  of  the  conditions  which  the  parties  may  wish  to  be 
inserted,  he  may  augment  in  proportion.  For  a  simple  bond,  eight  reals  • 
for  a  bond  with  mortgage,  twelve  reals;  and  if  there  be  several  mortgages 
comprised  in  the  said  bond,  he  shall  be  paid  according  to  the  labor  and 
trouble  he  may  have  had  in  drawing  up  the  same.  For  a  receipt.  ei"ht 
reals.  For  an  agreement^  according  to  the  number  of  leaves  the  same 
may  contain;  and  if  an  examination  of  documents  be  necessary,  the  same 
should  be  taken  into  consideration,  and  the  charge  should  be  at  least 
doubled. 

For  a  will  containing  three  or  four  sheets,  four  dollars,  and  augmented  in 
proportion  to  the  number  of  sheets. 

The  Recorder  of  Mortgages. — For  a  certificate  relative  to  a  hou.se, 
plantation,  or  other  real  property,  eight  reals.  For  a  certificate  of  a  slave, 
from  one  to  the  number  of  eighteen,  four  reals ;  and  from  that  number  to 
one  hundred,  twelve  reals  for  each  certificate.  For  a  certificate  of  a  mort- 
gage on  a  vessel,  four  reals.  For  recording  in  the  bouk  of  mortgages, 
those  given  for  the  security  of  payments,  either  for  personal  property, 
slaves,  or  vessels,  four  reals;  and  if  the  same  Oe  of  an  unusual  length, 
eight  reals;  but  when  only  a  short  note  to  designate  the  page  in  which 
the  mortgage  is  recorded  be  required,  no  charge  shall  be  made. 

AxToRNEys. — For  an  introductory  demand,  five  reals.  For  assisting  in 
the  city,  at  an  inventory,  sale,  adjudication,  or  seizure,  twelve  reals;  for 
the  same  in  the  country,  if  employed  a  whole  day,  three  dollars.  If,  how- 
ever, the  case  requires  much  writing,  they  shall  be  paid  according  to  the 
time  that  the  lawyer  may  have  been  employed  in  drawing  up  the  said  case, 

TuE  Judiciarv  Contador. — For  every  five  hours  employed  in  prepar- 
ing an  account  for  settlement,  four  ducats,  making  forty-four  reals,  observ- 
ing  that  five  hours  shall  be  accounted  a  day;  and  out  of  the  aforesaid  sura 


'■""'rrtmC 


,. 


288 


APPENDIX. 


ha  shall  pay  four  reals  to  the  escribano  for  each  sheet  of  twenty-five  lines 
to  a  page. 

The  Assessor  of  Costs  shall  be  paid  one  quariilla  for  each  sheet  of 
the  documents  contained  in  the  cause,  the  costs  of  which  he  shall  assess. 
Four  quartiilas  make  a  real. 

Appraisers  of  Personal  Propkrtt,  Slaves,  and  other  Effects.— 
To  the  exchange  broker,  for  the  valuation  of  furniture,  houses,  slaves, 
merchandise,  &c.,  eleven  reals,  notwithstanding  the  appraisement  may  re- 
quire two  hours  and  a  half. 

Alarifs,  Experts  of  Carpentry,  and  Assayers  of  Silver Alarifs, 

experts  of  carpentry,  masonry  and  joinery,  shall  have  a  ducat  for  every 
thousand  dollars  of  the  amount  of  the  appraisement ;  and  if  the  same  shall 
exceed  four,  six,  or  eight  thousand,  they  shall  not  demand  more  than  four 
ducats;  but  if  tliey  be  employed  in  the  country,  and  the  appraisement 
shall  not  amount  to  one  thousand  dollars,  they  shall  have  two  ducats  per 
diem  during  the  time  they  may  be  employed,  on  account  of  the  distance. 
If,  however,  one  day  only  shall  be  necessary,  although  the  appraisement 
shall  amount  to  three  or  four  thousand  dollars,  they  shall  be  paid  as  if  the 
same  had  been  made  in  the  city ;  but  they  shall  be  furnished  with  a 
horse,  and  shall  be  decently  entertained.  The  assayer  of  silver  shall  have 
eleven  reals  for  each  appraisement,  although  the  articles  may  be  valuable, 
by  reason  that  little  time  is  required  for  that  purpose. 

The  Appraisers  of  Land  shall  have  two  ducats  per  diem,  and  the  same 
when  they  shall  value  buildings  of  little  consequence  in  the  country,  wood- 
land, and  fields  in  grain. 

Surveyors  shall  have  three  ducats  per  diem. 

The  Alguazils  shall  have  four  reals  for  a  summons  to  appear,  and  for 
a  demand  of  payment.  They  shall  also  receive  the  same  sum  for  obtain- 
ing documents  of  every  description.  They  shall  have  eight  reals  for  arrest- 
ing and  conducting  to  prison.  The  sergeant,  in  this  case,  shall  have  the 
same. 

Jail  Fees. — The  alguazil  mayor  shall  have  twelve  reals  for  every  free 
person  imprisoned,  and  eight  reals  for  a  slave.' 

At  New-Orleans,  the  25th  November,  1769. 

Don  Alexander  O'Eeillt. 


-'>g!!gtgiiii,L,4iiiiig-iLB_ij;jiLi4L.,-»!ji!'Jl,t^^^^^ 


it  of  twenty-five  lines 

ilia  for  each  sheet  of 
which  he  shall  assess. 

0  OTHER    ErrECTS.— 

iture,  houses,  slaves, 
ippraisement  may  re- 

1  OF  Silver.— A  larifs, 
ve  a  ducat  for  every 
and  if  the  same  shall 
imand  more  than  four 
md  the  appraisement 

have  two  ducats  per 
count  of  the  distance, 
igh  the  appraisement 
hall  be  paid  as  if  the 

be  furnished  with  a 
er  of  silver  shall  have 
cles  may  be  valuable, 
». 

n  diem,  and  the  same 
in  the  country,  wood- 


ons  to  appear,  and  for 
same  sum  for  obtain- 
ei«;ht  reals  for  arrest- 
)  case,  shall  have  the 

e  reals  for  every  free 


XANDER   O'ReILLT. 


APPENDIX. 


289 


Don  Alexander  O^Reilhj,  Commander  of  Benfayan,  of  the  order  of  Alcanta- 
ra, Inspector-General  of  Infantry,  appointed  by  special  commission,  Gover- 
nor and  Captain-General  of  this  profvince  of  Louisiana. 

Divers  complaints  and  petitions  which  have  been  addressed  to  us  by 
inhabitants  of  Opelausas,  Attakapas,  Natchitoches  and  other  places  ot  this 
province,  joined  to  the  knowledge  we  have  acquired  of  the  local  concerns, 
culture,  and  means  of  the  inhabitants,  by  the  visit  which  we  have  lately 
made  to  the  German  Coast,  Acadian  Coast,  Iberyille,  and  Pointe  Couple, 
with  the  examination  we  have  made  of  the  reports  of  the  inhabitants  as- 
sembled, by  our  order,  in  each  district,  having  convinced  us  that  the  tran- 
quillity of  the  said  inhabitants,  and  the  progress  of  cultivation  required  a 
new  regulation,  which  should  fix  the  extent  of  the  grants  of  lands,  which 
shall  hereafter  be  made,  as  well  as  the  enclosures,  cleared  lands,  road  and 
bridges,  which  the  inhabitants  are  bound  to  keep  in  repair,  and  to  point 
out  the  damage  by  cattle,  for  which  the  proprietors  shall  be  responsible. 
For  these  causes,  and  having  nothing  in  view  but  the  public  good,  and 
the  happiness  of  every  inhabitant.,  after  having  advised  with  persons  well 
informed  in  these  matters,  we  have  regulated  all  those  objects  in  the  fol- 
lowing articles : 

1 .  There  shall  be  granted  to  each  newly  arrived  family  who  may  wish 
to  establish  itself  on  the  borders  of  the  river,  six  or  eight  arpents  in  front, 
(according  to  the  means  of  the  cultivator,)  by  forty  arpents  in  depth;  in 
order  that  it  may  have  the  benefit  of  the  cypress  wood,  which  is  as  neces- 
sary as  it  is  useful  to  the  inhabitants. 

2.  The  grantees  established  on  the  borders  of  the  river  shall  be  held 
bound  to  make,  within  the  three  first  years  of  possession,  levees  sufficient 
for  the  preservation  of  the  land,  and  the  ditches  necessary  to  carry  off  the 
water.  They  shall,  besides,  keep  the  roads  in  good  repair,  of  the  width  of 
at  least  forty  feet  between  the  inner  ditch  which  runs  along  the  levee  and 
the  barrier,  with  bridges  of  twelve  feet  over  the  ditches  which  may  cross 
the  roads.  The  said  grantees  shall  be  held  bound,  within  the  said  term  of 
three  years'  possession,  to  clear  the  whole  front  of  their  land  to  the  depth 
of  two  arpents ;  and,  in  default  of  fulfilling  those  conditions,  their  lands 
shall  revert  to  the  king's  domain,  to  be  granted  again  ;  ancl  the  judge  of 
each  place  shall  be  responsible  to  the  governor  for  the  superintendence  of 
this  regulation. 

3.  The  said  grants  can  neither  be  sold  nor  alienated  by  the  proprietors, 
until  after  three  years  possession,  and  until  the  above  mentioned  conditions 
shall  have  been  entirely  fulfilled.  To  guard  against  every  evasion  injthis 
respect,  the  sales  of  the  said  lands  cannot  be  made  without  a  written  per- 
mission from  the  governor-general,  who  will  not  grant  it  imtil,  on  strict 
inquiry,  it  shall  be  found  that  the  conditions  above  explained  have  been 
duly  executed. 

19 


il 


ll 


4 

11 


^s^^titaaaulit 


I    ' 


290 


APPENDIX. 


;■ 


4.  Tlie  iwiuts  formed  by  the  lands  on  the  Mississippi  River,  leaving  in 
some  places  but  little  depth,  there  may  be  granted,  in  these  cases,  twelve 
arpents  of  front;  and,  on  a  supix)silion  that  these  points  should  not  be  ap- 
plied for  by  any  inhabitant,  they  shall  be  distributed  to  the  settlers  nearest 
thereto,  in  order  that  the  communication  of  the  roads  may  not  be  inter- 
rupted. 

5.  If  a  tract  belonging  to  minors  should  remain  uncleared,  and  the 
levees  and  the  roads  should  not  bo  kept  in  repair,  the  judge  of  the  quarter 
shall  inquire  info  the  cause  thereof.  If  attributable  to  the  guardian,  he 
shall  oblige  him  to  conform  promptly  to  this  regulation ;  but  if  arising 
from  want  of  means  in  the  minors,  the  judge,  after  having,  by  a  verbal 
process,  obtained  proof  thereof,  shall  report  the  same  to  the  governor- 
general,  to  the  end  that  the  said  land  may  be  sold  for  the  benefit  of  the 
minors,  (a  special  favor,  granted  to  minors  only;)  but  if  no  person  shall, 
within  six  months,  be  found,  the  said  land  shall  be  conceded  gratis. 

6.  Every  inhabitant  shall  be  hold  bound  to  enclose,  vdlhin  three  years, 
the  whole  front  of  his  land  which  shall  be  cleared ;  andfor  the  remainder 
of  his  enclosure  he  will  agree  with  his  neighbors,  in  proportion  to  his 
cleared  lands  and  his  means.  > 

7.  Cattle  shall  be  permitted  to  go  at  large,  from  the  eleventh  of  Novenj- 
ber  of  one  year,  to  the  fifteenth  of  March  of  the  year  following :  and  at  all 
other  times  the  proprietor  shall  be  responsible  for  the  damage  that  his  cattle 
may  have  done  to  his  neighbors.  He  who  shall  have  suffered  the  damage 
may  complain  to  the  judge  of  the  district,  who,  after  having  satisfied  him- 
self of  the  truth  thereof,  shall  name  experienced  men  to  estimate  the  value 
of  the  same,  and  shall  then  order  remuneration  without  delay. 

8.  No  grant  in  Opelousas,  Attakapas,  and  Natchitoches  shall  exceed 
one  league  in  from  by  one  league  in  depth ;  but  when  the  land  granted 
shall  not  have  that  depth,  a  league  and  a  half  in  front  by  half  a  league  in 
depth  may  be  granted. 

9.  To  obtain  in  the  Opelousas,  Attakapas  and  Natchitoches,  a  grant  of 
forty-two  arpents  in  front  by  forty-two  arpents  in  deptli,  the  applicant  must 
make  it  appear  that  he  is  possessor  of  one  hundred  head  of  tame  cattle, 
some  horses  and  sheep,  and  two  slaves  to  look  after  them  ;  a  proportion  of 
which  shall  always  be  observed  for  the  grants  to  be  made  in  the  said 
places,  but  none  shall  ever  be  made  of  greater  extent  than  that  declared 
in  the  preceding  article. 

10.  All  cattle  shall  be  branded  by  the  proprietors;  and  those  who  shall 
not  have  branded  them  at  the  age  of  eighteen  months  cannot  thereafter 
claim  any  property  therein. 

11.  Nothing  being  more  injurious  to  the  inhabitants  than  strayed  cattle, 
without  the  destruction  of  which  tame  cattle  cannot  increase,  and  the  in- 
habitants will  continue  to  labor  under  those  evils  of  which  they  have  so 
often  complained  to  us ;  and  considering  that  the  province  is  at  present 


■■"^iiStiB 


IMMHinMMIIiW 


i  River,  leaving  in 
these  cases,  twelve 
s  should  not  be  ap- 
the  settlers  nearest 
3  may  not  be  inter- 

inclearod,  and  the 
idge  of  the  quarter 
to  the  guardian,  he 
ion;  but  if  arising 
avinsr,  by  a  verbal 

0  lo  the  jnrovernor- 
r  the  benefit  of  the 
.  if  no  person  shall, 
ceded  gratis. 
\^(hin  three  years, 
:lTor  tiie  remainder 

1  proportion  to  his 

eleventh  of  Novenj- 
llowing ;  and  at  ail 
mage  that  his  cattle 
iffered  the  damage 
iving  satisfied  him- 
ostimate  the  value 
it  delay. 

jches  shall  exceed 
Ml  the  land  granted 
by  half  a  league  in 

hitoches,  a  grant  of 
,  the  applicant  must 
ead  of  tame  cattle, 
sm  ;  a  proportion  of 
I  made  in  the  said 
than  that  declared 

and  those  who  shall 
IS  cannot  thereafter 

than  strayed  cattle, 
ncrease,  and  the  in- 
which  they  have  so 
•evince  is  at  present 


mmmi'm 


APPENDIX. 


291 


infested  with  strayed  cattle,  we  allow  to  the  proprietors  until  the  1st  day  of 
July,  of  the  next  year,  one  thousand  seven  hundred  and  seventy-one,  and 
no  longer,  to  collect  and  kill,  for  their  use,  the  said  strayed  cattle ;  after 
which^time  they  shall  be  considered  wild,  and  may  be  killed  by  any  per- 
son whomsoever,  and  no  oneTshall  oppose  himself  thereto,  or  lay  claim  to 
any  property  therein. 

11.  All  grants  shall  be  made  in  the  name  of  the  king,  by  the  governor- 
general  of  the  province,  who  will,  at  the  same  time  appoint  a  surveyor  to 
fix  the  bounds  thereof,  both  in  front  and  depth,  in  presence  of  the  ordinarj- 
judge  of  the  district,  and  of  two  adjoining  settlers,  who  shall  be  present 
at  tlie  survey.  The  above  mentioned  four  persons  shall  sign  the  proces- 
verbal  which  shall  be  made  thereof,  and  the  surveyor  shall  make  three 
copies'of  the  same;  one  of  which  shall  be  deposito<l  in  the  office  of  the 
escribano  of  the  government  and  cabildo,  and  another  shall  be  delivered 
to  the  governor-general,  and  the  third  to  the  proprietor,  to  be  annexed  to 
the  titles  of  his  grant. 

In  pursuance  of  the  powers  which  our  lord,  the  king,  (whom  God  pre- 
ssrve)  has  been  pleasetl  to  confide  to  us,  by  his  patent  issued  at  Aranjuez, 
the  16th  of  April,  1869,  to  establish  in  the  military,  the  police,  and  in  the 
administration  of  justice,  and  his  finances,  such  regulation  as  should  be 
conducive  to  his  service  and  the  happiness  of  his  subjects  in  this  colony, 
with  the  reserve  of  his  majesty's  good  pleasure,  we  order  and  command 
the  governor,  judges,  cabildo,  and  all  the  inhabitants  of  this  province,  to 
conform  punctually  to  all  that  is  required  by  this  regulation. 

Given  at  New-Orleans,  the  ISth  Febrmry,  1770. 

Don  Alexander  O'Reilly. 


",!,« i'-!iummmmMiiimMi^m.fiiiwm--jiiii-^nwi^^m^im^'r 


